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EDUCATIONAL LAWS 


OF THE 


STATE OF IOWA, 



PASSED BY THE 

waul of duration 


AT ITS FIRST AND SECOND SESSIONS, 


AND BY THE 


GENERAL ASSEMBLY, 


AT ITS EIGHTH REGULAR SESSION. 


DES MOINES, IOWA 
JOHN TEESDALE, STATE PRINTER. 
1860. 




Soi . 

• If 


12 




, C »//o* 









SCHOOL LAWS. 

\ 


FART 1. 

AN ACT to provide for the authentication and taking effect of the laws passed by the Board of Education. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That all Acts passed by this Board shall, before 
they become laws, be correctly enrolled and signed by the presi¬ 
ding officer of this body. 

Sec. 2. That a printed certificate of the Secretary of this Board 
shall be appended to the pamphlet containing a copy of the laws 
of any session, stating that the Acts therein contained have been 
by him compared with the original statutes as passed by this Board, 
and such certificate shall be sufficient evidence of the correctness 
of those laws to render them receivable as genuine in all cases 
whatever. 

Sec. 3. That when not otherwise expressly provided, the laws 
passed at any general session of this Board shall take effect on the 
first da}’ of March next after the date of their enactment. 

ORAN FAVILLE, 
President of the Board of Education. 

December 15th, 1858. 


PART II. 


AN ACT to legalize elections, acts and contracts under an act of the General Assembly, entitled "an 
act for the Public Instruction of the State of Iowa, ’ approved March 12th, lt5?. 

Whereas, Elections have been held, contracts made, acts done and 
taxes levied, schools taught, and teachers employed, in many, if 




4 


EDUCATIONAL 


not all, the school districts in this State, in consequence and by 
reason of an act of the last General Assembly ot this Saate, com¬ 
monly called the act for the Public Instruction ot the State ot 
Iowa; and 

Whereas, The Supreme Court of the State have recently decided 
said act to be unconstitutional and void in many ot its provis¬ 
ions ; and as great confusion is about to result in consequence ot 
such a state of facts, unless a curative act be passed ; theretore, 
Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That all elections which have been held, or have 
taken place, all acts done, and contracts made, and any tax which 
may have been levied by any person, school district or corporation, 
and any rights which any person, school district, or corporation may 
have acquired under and in pursuance ot an act of the General As¬ 
sembly, entitled “an act tor the Public Instruction of the State of 
Iowa,” approved March 12th, 1858, be and the same are hereby 
legalized and confirmed as tully and effectually as though the same 
had taken place in pursuance of legal enactment: Provided , That 
nothing in this act shall be construed to impair the right ot the 
Board of Education to fix the term of office of any officer elected 
under said act, or to abolish any office created by said act. 

Sec. 2. This act tu take effect and be in force from and after 
its publication in the Iowa Weekly Citizen, the State Journal and 
the Iowa Statesman. 

ORAN FAYILLE, 
President of the Board of Education. 

December i5th, 1858. 


PART III. 

AN ACT to provide for the purchase of School District Libraries. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That the temporary School Funds belonging to each 
county in this State shall be apportioned separately by the County 
Judge at the time of apportioning other School Funds among the 
several districts in each county, in proportion to the number of 
persons residing in such district between the ages of five and twen¬ 
ty-one years. 


i 


LAWS OF IOWA. 


5 

Secj. 2. The Board of Directors shall, at their regular meeting 
in April of each year, determine whether the amount so received 
shall be appropriated to the purchase of a District Library, and if 
not so appropriated, the same shall form a part of the Teacher’s 
Fund ot said District. 

Sec. 3. The Secretary ot each District shall be ex-officio Li* 
brarian, and shall purchase books and perform all other duties per¬ 
taining to that office, under the direction of the Township Board. 

ORAN FAYILLE, 
President of the Board of Education. 

December 18th, 1858. 


PART IY. 


AN ACT providing for the publication of the laws of the Board of Education in the several Countio* 

of the State. 

Section 1 . Be it enacted hj the Board of Education of the 
State of Iowa , That the Secretary of the Board of Education shall, 
as soon as possible after the adjournment of the present session of 
this Board, and within thirty days from date, forward to each 
County Judge in the State a copy of all the laws passed at said 
session. It shall be a sufficient compliance with the provisions of 
this section, if the Secretary of the Board of Education shall for¬ 
ward to each County Judge duplicate copies of newspapers, or slips 
•containing said laws. 

Sec. 2. It shall be the duty of the County Judge of each county, 
to cause said laws to be published in two weekly newspapers of 
his county, if as many are published therein ; and if but one weekly 
newspaper be published in his county, then the said laws shall be 
published in such newspaper. Provided , That not more than 
thirty-five cents per thousand ems shall, in any case, be allowed 
for publishing the said laws. 

Sec. 3. The accounts for such printing shall be audited and 
allowed the same as other accounts against the county, after hav¬ 
ing first been sworn to by some one acquainted with the correct¬ 
ness thereof. 

Sec. 4. It shall be the duty of the County Judge of such county 
to keep and preserve at least one number of each newspaper of his 



6 


EDUCATIONAL 


county in which the laws of the Board of Education may be pub¬ 
lished under the provisions of this act, and place the same in his 
office, where it shall remain for future reference. 

Sec. 5 . This act shall be in force from and after its publication 
in the Iowa Weekly Citizen and Iowa Weekly Statesman. 

ORAN FAVILLE, 
President of the Board of Education. 

December 21, 1858. 


PART V. 

AN ACT to amend an Act providing ior the publication of the Laws of the Board of Education in the- 
several Counties of the State. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That act number four, passed at the session of this 
Board in December, 1858, entitled “ An act providing for the pub¬ 
lication of the laws of the Board of Education in the several coun¬ 
ties of the State,” be amended as follows: 

In the third line of the first section substitute “any” for “the 
present.” In the fourth line of same section, strikeout “from 
date.” 

Sec. 2. This act shall take effect on and after its publication 
in the Daily Iowa School Journal. 

ORAN FAYILLE, 
President of the Board of Education. 

December 24th, 1859. 


PART VI. 


AN ACT legalizing the election and acta of certain School Officers. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa, That whenever any township in this State has been 
organized since the first Monday in May, one thousand eight hun¬ 
dred and fifty-eight, and has since elected the school district offi- 




LAWS OF IOWA. 


t 


cers provided for in the act ot March 12th, 1858, entitled “ An act 
for the Public Instruction of the State of Iowa,” such election is 
hereby legalized and made valid; and all said officers so elected, 
are hereby continued in office until their successors shall be elected 
and qualified according to law; and all acts done by, or contracts 
made by or with said officers, and all rights accruing to said offi¬ 
cers, under, by virtue, or in pursuance of said act of the General 
Assembly, are hereby ratified and confirmed, as fully as though 
said elections had been held in pursuance of legal enactment. 

Sec. 2. This act to take effect and be in force from and after 
its publication in the Iowa Citizen and the Iowa Statesman. 

ORAN FAVILLE, 
President of the Board of Education. 

December 21st, 1858. 


PART VII. 

AN ACT prohibiting the exclusion of the Bible from the Schools of the State. 

Section 1. Be it enacted by the Board of Education of the 
State of Iowa , That the Bible shall not be excluded from any 
school or institution in this State, under the control of the Board, 
nor shall any pupil be required to read it contrary to the wishes of 
his parent or guardian. 

ORAN FAVILLE, 
President of the Board of Education. 

December 22d, 1858. 


PART VIII. 

AN ACT to amend an act entitled “An Act to provide a system of Common Schools." 

Section 1. Be it enacted by the Board of Education of the 
State of Iowa, That the act of the Board of Education, passed 
December, 1858, entitled “An Act to provide a system of com 
mon schools,” be amended so as to read as follows: 




8 


EDUCATIONAL 


Each civil township that is now or may be hereafter organized 
in the several counties of this State, is hereby declared a School 
District for all the purposes of this act, and each sub-district, as 
now organized under an act entitled “ An Act for the Public In¬ 
struction of the State of Iowa,” approved March 12th, 1858, shall 
continue such, subject to provisions hereinafter made: 

Sec. 2. In each sub-district there shall be taught one or more 
schools for the instruction of youth between the ages of five and 
twenty-one years for at least twenty-four weeks, of five school days 
each, in each year, unless the County Superintendent shall be sat¬ 
isfied that there is good and sufficient cause for failure so to do. 

Sec. 3. Scholars residing in one district may attend school in 
another, in the same or adjoining county, with the concurrence of 
the directors of both districts, and in such case, their proportion 
of the school money of the district to which they belong shall be 
paid to the Treasurer of the district in which they attend school; 
and scholars may attend school in any sub-district of the town¬ 
ship in which they reside, with the consent of the District 
Board. 

Sec. 4. Any township in an unorganized county shall be for 
the purposes of this act regarded as a portion of the county to 
which its county is attached for revenue purposes. 

Sec. 5. Every school district which is now, or may hereafter 
be organized in this State, is hereby made a body corporate, by 

the name of the “ District Township of-, in the county of 

-, and State of Iowa,” and in that name, may hold property, 

become a party to suits and contracts, and do other corporate acts. 

DISTRICT TOWNSHIP MEETINGS. 

Sec. 6 . First —Each Township district shall hold regular 
meetings annually, on the second Monday in March. 

Second —When a new township has been organized, or a dis¬ 
trict left without officers, the Trustees of the township shall post 
written notices specifying the time and place of the aforesaid 
meeting, in five conspicuous places in the township ; provided, 
that when any district township shall be divided into two or more 
entire townships for civil purposes, the existing- Board of Direc¬ 
tors shall continue to act for both or all the new districts, till the 
time of the next election of officers. 




LAWS OF IOWA. 


0 

Sec. 7. The electors of a district, when legally assembled at a 
district school meeting, 6hall have the following powers, viz : 

First —To appoint a Chairman and Secretary, in the absence of 
the regular officers. 

Second —To adjourn from time to time as occasion may require. 

Third —To levy such tax, not exceeding one per cent in any 
one year, on the taxable property of the district, as the meeting 
shall deem sufficient to purchase or lease a suitable site for a school 
house or school houses, and to build, rent, or purchase a school 
house or school houses, and to keep in repair and furnish the same 
with the necessary fuel and appendages, and for compensation of 
teachers, and for procuring district libraries and apparatus for the 
schools, books and stationery for the board and district meetings, 
and defray all other contingent expenses of the district: Provi¬ 
ded, That no tax shall be levied for building school houses ex¬ 
cepting at the regular meeting in March; and provided further, 
that no more than five mills on the dollar shall be levied in any 
one year for school house purposes. 

Fourth —To direct the sale or other disposition to be made of 
any school house or the site thereof, and of such other property, 
personal and real, as may belong to the district, and to direct the 
manner in which the proceeds arising therefrom shall be applied. 

Fifth —To provide for the payment of any debts contracted for 
school houses or school purposes. 

Sixth —To delegate all the powers contained in the foregoing 
specifications to the district board of directors. 

Sec. 8. At the meeting of the township districts, the chair¬ 
man shall submit the questions coming before the electors, in the 
following order: 1st. The levy of a tax for the payment of debts 
for school house purposes. 2d. For payment of officers and mis¬ 
cellaneous contingent expenses. 3. For paying amounts asked 
for by the several sub districts, for each purpose separately. 4th. 
For payment of teachers. 5th. For purchase of libraries, fuel, 
apparatus, &c. 6th. For the delegation of power to the Board of 
Directors. 7th. Other matters necessary or proper to be acted 
upon. 

Sec. 9. The several sub-district shall annually, on the first 
Monday in March, hold a meeting for the election of a Director, 
five days notice of which meeting shall be given by the then resi- 
2 


10 


EDUCATIONAL 


dent Director, or it there is none, by the District Secretary post¬ 
ing a written notice in three public places therein. 

Sec. 10. At the meeting of the sub-districts, a Chairman and 
Secretary shall be appointed, who shall act as judges ot the elec¬ 
tion, and give a certificate of election to the Director elect. 

Sec. 11. Each Director shall, within ten days after his elec¬ 
tion, appear before some officer qualified to administer oaths, and 
take an oath to support the Constitution ot the LTnited States, and 
that of the State of Iowa, and that he will faithfully discharge the 
duties of his office, and in case of failure so to qualify, he shall 
forfeit ten dollars, to be recovered against him igr the use of the 
district. 

Sec. 12. The electors of said sub-district shall also, at the reg¬ 
ular meeting in March, determine whether they desire any funds 
raised by tax to erect, repair, lease or furnish a school house in 
said sub district, or for the lease or purchase of grounds for the 
same, and the amount for each purpose. 

Sec. 13. Whenever any sub-district, at a regular meeting, 
shall determine that they desire a tax levied for any of the pur¬ 
poses mentioned in the foregoing section, the director for said sub¬ 
district shall, within five days thereafter, certify the same to the 
township clerk, stating the amount of money desired for each pur¬ 
pose separately. 

Sec. 14. The directors of the several sub-districts shall con¬ 
stitute a Board of Directors for the township district, of which 
Board the township clerk shall be Secretary, but shall have no 
vote therein. 

Sec. 15. The District Beard shall hold their regular meetings 
on the first Saturday after the first Monday in April and October 
in each year and may hold such special and adjourned meetings 
as occasion may require. They shall organize by electing from 
their own number, a President and Treasurer. In the absence of 
the President the Secretary shall preside. 

Sec. 16. The duties of the District Board of Directors shall 
be as follows: 

First —To make all contracts, purchases, payments and sales, 
necessary to carry out any vote of the district; Provided , That 
before erecting any school house, they shall consult with the 
County Superintendent as to the most approved plan fer such 
building. 


LAWS OF IOWA. 


11 


Second —To admit pupils not belonging to the district, and not 
provided for in section three of this act, to their schools, on such 
terms as they may agree noon. 

Third —To determine the number of schools which shall be es¬ 
tablished, and the length of time each shall be taught, subject to 
the provisions ot section two of this act. 

Fourth —To fix the site for each school house, taking into con¬ 
sideration the wants and necessities of the people of each portion 
of the district. 

Fifth —To establish graded or union schools wherever they may 
be necessary, and they may. as occasion requires, select a person 
who shall have the general supervision of the schools in their dis¬ 
trict, subject to rules and regulations of the board. 

Sixth —To determine what branches shall be taught in the 
schools of their district. 

Seventh —To require the Secretary and Treasurer each to give 
bond to the district in such penalty and with such sureties as they 
may determine upon, conditioned for the faithful performance of 
their duties under this act. The bond shall be filed with the Pres¬ 
ident of the Board, and in case of breach of condition thereof, ho 
shall bring suit thereon in the name of the district. 

Eighth— To fill any vacancy, that may occur in the Board, un¬ 
til the next regular sub-district meeting. 

Ninth —They shall, from time to time, examine the accounts of 
the Treasurer and make settlement with him, and present at each 
regular meeting of the electors a full statement of the receipts 
and expenditures of the district, and all matters delegated to them 
to perform, and all such other matters as may be deemed impor¬ 
tant. 

Tenth —To audit and allow all just claims against the District, 
and to fix the compensation of the Secretary and Treasurer. 

Eleventh — To visit the schools in their district, and aid the 
Teachers in establishing and enforcing rules for the government 
of the schools, and see that they keep a correct list of the pupils, 
embracing the periods of time during which they attend School, 
the branches taught, and such other matters as may be required by 
the County Superintendent. 

Twelfth —They shall at their first regular meeting alter the ta¬ 
king effect of this act, divide their district into sub-districts, such 
as justice, equity and the interests of the people require, aud shall 


12 


EDUCATIONAL 


designate said sub-districts plainly upon a plat ot the district pro¬ 
vided lor that purpose, and record the same in the district records, 
and they may at any regular meeting, or at any meeting called for 
that purpose, change the boundaries of sub-districts as circumstan¬ 
ces may require, notice of the same having been given at any pre¬ 
vious meeting. They shall cause all such changes to be marked 
on said map or plat and recorded in the proper book, and in the 
office of the County Judge, and they shall cause new maps to be 
made from time to time ; Provided , That the boundaries of sub¬ 
districts shall conform to the lines of Congressional divisions of 
land. 

Thirteenth —They shall apportion any tax for school house pur¬ 
poses, in such manner that the rate per cent, levied upon any sub¬ 
district which has built a school house unaided by other portions 
ot the district, shall be so much less than the per cent, levied in 
other sub-districts, as justice may require, but the per cent, of tax 
shall be equal on all sub-districts owning no school house prop¬ 
erty, Provided , That the rate shall not exceed five mills on the 
dollar in any sub district; and the Board may lessen the amount 
voted, if necessary, sufficiently to reduce it to that rate. 

Fourteenth —They shall, at their regular meeting in April of 
each year, estimate the per centum of tax on the taxable property 
of the district, necessary to raise a fund which, with the Teachers’ 
Fund from the County Treasury, as shown by notice from the 
County Judge, shall be sufficient to support the several schools of 
the district, for at least the time required by this act, for the cur¬ 
rent year, which per centum they shall certify to the County Judge, 
who shall at the time of levying the taxes for county purposes, 
levy the per centum ot tax thus certified upon the property of the 
district, which shall be collected and paid over as other school dis¬ 
trict taxes are. 

Sec. 17. A majority of the Board shall be a quorum to trans¬ 
act business, but a less number may adjourn from time to time, 
and no tax for school house purposes shall be levied by the Board 
unless by a vote of a majority of all the members, nor after, the 1st 
Monday in June, nor shall the boundaries of sub-districts be changed 
except by a vote of a majority of the Board. 

DUTIES OF DISTRICT OFFICERS. 

Sec. 18. The President, or in his absence, the Secretary shall 


LAWS OF IOWA. 


1? 


preside in all meetings of the Board and of the District, shall draw 
all drafts on the County Treasurer, for money apportioned to his 
district, sign all orders on the District Treasury, specifying in the 
orders the fund on which they are drawn, and the use for which 
the money is assigned ; and he shall sign all contracts. 

Sec. 19. The President shall appear in behalf of his district in 
ail suits brought by or against the same, but when he is individ¬ 
ually a party, this duty shall be performed by the Secretary; and 
in all cases where suits may be instituted by or against any of the 
school officers, to enforce any of the provisions herein contained, 
counsel may be employed by the Board of Directors. 

Sec. 20. The Secretary shall record all the proceedings ot the 
Board and district meetings, in separate books, kept for that pur¬ 
pose, shall preserve copies of all reports made to the County Su¬ 
perintendent, shall file all papers transmitted to him pertaining to 
the business of the district, and shall countersign all drafts, war¬ 
rants and orders drawn by the President. 

Sec. 21. He shall keep an accurate account of all the expenses 
incurred by the district, and shall present the same to the Board 
ot Directors, to be audited and paid as herein provided. 

Sec. 22. He shall give ten days previous notice ot all regular 
and special meetings ot the district, by posting a written notice in 
five different conspicuous places therein, one of which shall be at 
or near the last place of meeting, and shall furnish a copy of the 
same to the teacher ot the school, (if in session,) of each sub-dis¬ 
trict, to be read in the presence ot the pupils thereof, and such no¬ 
tice shall in all cases, state the hour of meeting. 

Sec. 23. Whenever a tax has been voted by any district for 
purposes in this act specified, the Secretary shall immediately cer¬ 
tify the per centum to the County Judge, who shall, at the time of 
levying the tax for county purposes, levy a tax of the amount thus 
certified to him upon the assessed value of all the real and person¬ 
al property in the district, which shall be collected by the County 
Collector at the same time and in the same manner as State and 
County taxes are collected ; provided, it shall be receivable only in 
cash. 

Sec. 24. The collector shall, on the 1st Monday of April and 
September in each year, pay over to the Treasurer of the district 
the amount of said tax which shall have been collected, and shall 
render him a statement of the amount uncollected; and the amount 


14 


EDUCATIONAL 


unpaid shall be collected at any subsequent time as delinquent 
county taxes are collected, and shall be paid over when collected, 
to the Treasurer aforesaid. 

Sec. 25. On or before the 20th day of September in each year, 
the Secretary of each school district shall file with the County Su¬ 
perintendent a report of the affairs of the district, which shall con¬ 
tain the following items, viz : 

First —The number of persons, male and female, each, in his dis¬ 
trict, between die ages of five and twenty one years. 

Second —The number of schools and the branches taught. 

Third —The number of pupils and the average attendance of the 
same in each school. 

Fourth —The number of teachers employed, and the average 
compensation paid per week, distinguishing males from females. 

Fifth —The length of school in days, and the average cost of 
tuition per week for each scholar. 

Sixth —The aggregate amount paid teachers during the year, 
and the balance of teachers fund in the Treasury. 

Seventh —The text books used, and the number of volumes in the 
District Library, and the value of apparatus belonging to the dis¬ 
trict. 

Eighth — The number of School Houses and their estimated 
value. 

Ninth —The amount raised within the year by tax for the erec¬ 
tion of school houses, the amount for teachers fund and for other 
purposes of this act, stating separately the amount for each. 

Tenth —The amount of public fund received from the County 
Treasury, and if any, from other sources, stating what, and how 
much from each, and such other information as he may deem useful. 

Sec. 26. Should the Secretary fail to file his report as above 
directed, he shall forfeit the sum of twenty-five dollars, and shall 
make good all losses resulting from such failure, and suit shall be 
brought, in both cases, by the district, on his official bond. 

Sec. 27. The Treasurer shall hold all moneys belonging to the 
district, and pay out the same on the order of the President, coun¬ 
tersigned by the Secretarjq and shall keep a correct account of all 
expenses and receipts, in a book provided for the purpose. 

Sec. 28. The money collected by district tax for school house 
purposes, and all contingent expenses, shall be called the ‘‘school 
house fund,” and that received for the support of teachers, shall 


LAWS OF IOWA. 


15 


be called the “teachers’ fund,” and the Treasurer shall keep with 
each land a separate account, arid shall pay no order which does 
not specify the fund on which it is drawn, and the specific use to 
which it is applied. If he have not sufficient funds in his hands 
to pay in full the warrant drawn on the fund specified, he shall 
make partial payment thereon, paying*as near as may be, an equal 
proportion of each warrant. 

Sec. 29. He shall receive all money apportioned to the district 
by the County Judge, and also all money in the County Treasury 
collected on the district tax, for his district. 

Sec. 30. lie shall render a statement of the finances of the 
district from time to time, as may be required by the board, and 
his books shall always be open for inspection. 

Sec. 31. It shall be the duty of the director in each sub dis¬ 
trict, between the first day of August and the fifteenth day of 
September of each year, to make and keep on record a list of the 
| names of all heads of families in the sub district, and the number 
of children in each family between the ages of five and twenty-one 
years, distinguishing males from females, and to report the same 
to the Secretary of the township district, on or before the said fif¬ 
teenth day of September, in each year. He shall further report 
the number of schools in his sub-district, and the branches taught, 
the number of pupils and average attendance of the same in each 
school, the number of teachers and the compensation of each, the 
text books used, the number of school houses, and the estimated 
I value of each. 

Sec. 32. He shall, under such rules and restrictions as the 
township board may prescribe, negotiate and make in his sub-dis¬ 
trict all necessary contracts for providing fuel for schools, employ¬ 
ing teachers, repairing, building and furnishing school houses, and 
making all other provisions necessary for the convenience and pros¬ 
perity of the schools within his sub-district. All contracts made 
in conformity with the provisions of this section, shall be reported 
to the township board of directors; and said board, in their corpo¬ 
rate capacity, shall be responsible for the performance thereof on 
the part of the district. 

Sec. 33. He shall have power to dismiss any pupils from the 
schools in his district for gross immorality, or for persistent viola¬ 
tion of the regulations of the school, and to re admit them if he 
deems it proper so to do, and shall visit the schools in his sub-dis¬ 
trict at least twice during each term of said school. 





if) 


EDUCATIONAL 


Sec. 34. All contracts with teachers shall be in writing, speci¬ 
fying the length of time the school is to be taught, in weeks, the 
compensation per week, or per month of four weeks, and such other 
matters as may be agreed upon, and shall be signed by the sub- 
director and teacher, and be approved by and tiled with the Presi¬ 
dent before any teacher shall^be entitled to a warrant for services. 

Sec. 35. He shall collect all taxes and debts due his sub-dis¬ 
trict, and settle any other business remaining unfinished at the time 
of organizing under the act entitled “ An act for the Public Instruc¬ 
tion of the State ot Iowa,” approved March 12th, 1858, and shall 
apply all funds that may thus come into his hands, to the specific 
purpose for which they were designed; but betore entering upon 
the said duties, he shall file with the President ot the board ot 
directors, a bond such as is required ot the Secretary and Treasurer 
under this act; but the District Treasurer shall settle with the 
County Treasurer, and receive trom him all moneys due and un¬ 
paid, to any sub-district of his district, applying said lunds as in 
this section provided. 

Sec. 36. When any tax heretofore levied is still unpaid, the 
director may, at his option, report the amount due from any indi¬ 
vidual, or upon any tract of land, to the County Judge, who shall 
cause the amounts so due, to be added to the amount standing on 
the tax list against such individual or tract ot land, for the current 
year. These taxes shall then be collected in the same manner as 
is pursued in the collection of other county taxes. 

Sec. 37. The sub-district may act independent of the district 
board in the expenditure of any funds belonging to such sub-dis¬ 
trict, derived from any debts due or tax levied by it previous to its 
organization under the “Act for the Public Instruction of the State 
of Iowa,” approved March 12tli, 1858. 

Sec. 38. The County Judge ot each county shall, at the time 
of levying the tax for county purposes, levy a tax for the support 
ot schools within the county, ot not less than one mill, nor more 
than two and a half mills on the dollar, on the assessed value of all 
real and personal property within the county, which shall be col¬ 
lected by the County Collector at the time and in the same man¬ 
ner as State and county taxes are collected, except that it shall be 
receivable only in cash. 

Sec. 39. On the first Monday ot April annually, the County 


LAWS OF IOWA. 


If 


Judge of each county shall apportion said tax, together with the 
interest of the permanent school fund to which his county is enti¬ 
tled, and all other money in the hands of the county treasurer be¬ 
longing in common to the schools of his county, among the several 
school districts therein, in proportion to the number of persons be¬ 
tween five and twenty-one years of age, subject to the provisions 
of section two of this act. And in order to enable him to make 
such apportionment, it is hereby made the duty of the several 
County Superintendents to report to their respective County 
Judges, on the fifth day of October, annually, the number of such 
persons in each school district in his county. 

Sec. 40. The County Judge shall immediately notify the Pres¬ 
ident of each school district of the sum to which his district is en¬ 
titled by said apportionment, and shall issue his warrant for the 
same to accompany said notice, which warrant shall be also signed 
by the President and countersigned by the Secretary of the district 
in whose favor the same is drawn, and shall authorize the district 
treasurer *to draw the amount due said district from the county 
treasurer, and the Secretary shall charge the treasurer of the dis¬ 
trict with all warrants drawn in his favor, and credit him with all 
warrants drawn on the funds in his hands, keeping separate ac¬ 
counts with each fund. 

QUALIFICATIONS AND DUTIES OF TEACHERS. 

Sec. 41. First —No person shall be employed to teach a com¬ 
mon school which is to receive its distributive share of the school 
fund, unless he shall have a certificate of qualification signed by 
the County Superintendent of the county in which the school is 
situated; and no certificate shall be valid more than one year 
from the date thereof; and any teacher who commences teaching 
without such certificate, shall forfeit all claim to compensation for 
the time during which he teaches without such certificate. 

Second —The teacher shall keep a correct register of the school, 
which shall exhibit the sub-district, township, county and State in 
which the school is kept, the day of the week, the month and 
year ; the name and age, and attendance of each scholar, and the 
branches taught, the register to be as near as practicable after the 
form appended to this act. 

3 


18 


EDUCATIONAL 


Third —When scholars reside in different districts, a register 
shall be kept for each district. 

Fourth —The teacher shall, immediately after the close of his 
school, file in the olfiee of the Secretary of the Board a certified 
copy of the register aforesaid. 

OF THE COUNTY SUPERINTENDENT. 

Sec. 42. A County Superintendent of common schools shall 
be elected in each organized county of this State, whoso term of 
servdee shall be two years. 

Sec. 43. The first election of that officer shall take place on 
the second Tuesday of October, 1S59, at the time and several pla¬ 
ces of electing the township boards, and at the general election on 
^ 3 very two years thereafter; and the election returns to be made 
in the same manner as for other county oflicers. The present in¬ 
cumbents who have been elected under the act of March 12tli, 
1S58, shall serve in that capacity until their successors are elected 
and qualified; but the rate of their compensation after the taking 
effect of this act, shall be as hereinafter provided. 

Sec. 44. Within twenty days after his election, he shall take 
and subscribe his oath of office. On his failure to do so, or it for 
any other cause there be a vacancy in said office, the County 
Judge shall appoint a person to fill such vacancy, who shall quali¬ 
fy in like manner, and who shall hold his office till the first gen¬ 
eral election thereafter. 

Sec. 45. The County Superintendent shall examine all persons 
who shall present themselves at the proper time and place, as to 
their competency and ability to teach orthography, reading, wri¬ 
ting, arithmetic, geography and English grammar, and such other 
branches as may be required hereafter. In making this examina¬ 
tion lie may, at his option, call to his aid one or more assistants. 

Sec. 43. If the examination is satisfactory, and if the appli¬ 
cant is shown to be of good moral character, lie shall receive a 
certificate accordingly. The names of all those receiving such 
certificates, and of all those rejected, shall be entered on a regis¬ 
ter kept by the County Superintendent at the date at which they 
were given. 

Sec. 47. The County Superintendent shall, on the last Satur¬ 
day ot every month, meet all those who are desirous of passing 


LAWS OF IOWA. 


19 


an examination, and for the transaction of all other business within 
his jurisdiction, in some suitable room at the seat of justice of the 
county, or at any other place, as occasion may require, and shall 
notify the County Judge of the place of meeting. If an appli¬ 
cant desire an examination at any other time, he shall be required 
to pay the Superintendent one dollar, before the examination is 
commenced, unless he presented himself at the regular day fixed 
in this section, and was unable, from no fault ot his own, to obtain 
an examination, in which case no fee shall be required of him. 

Sec. 48. If for any cause the County Superintendent cannot 
be present at the regular day thus fixed, he shall appoint one or 
more deputies to make the examination in his stead. He shall 
afterwards issue certificates to those who receive the recommenda¬ 
tion of his deputies as aforesaid. 

Sec. 49. The Superintendent may revoke the certificate of any 
teacher in the county, which was given by the Superintendent 
thereof, for any reasons which would have justified the withhold¬ 
ing thereof when the same was given. And the Board of Direc- 
tors upon sufficient cause shown, may expel any teacher from 
school in the district. 

Sec. 50. On or before the 5th day of October in each year, 
he shall make a report to the Secretary of the Board of Educa¬ 
tion containing a digest of the reports made to him by the Secre¬ 
taries of the several township boards, and such other matters as he 
shall be directed to report by the said Secretary, and such as he 
himself may think pertinent and material, and especially such as 
will show the condition of the schools under his charge. He shall 
also suggest such improvements in the system as he may think ju¬ 
dicious. He shall also, by the fifth day of October in each year, 
file with the County Judge an abstract of the number of youths 
between the ages of five and twenty-one years residing in each 
township and school district within his county. 

Sec. 51. Should he fail to make either of the reports required 
in the last section, lie shall forfeit to the school fund of his county 
the sum of fifty dollars, and shall besides, be liable for all dama¬ 
ges caused by such neglect. 

Sec. 52. He shall at all times conform to the instructions of 
the Secretary of the Board ot Education, as to matters within the 
jurisdiction of the said Secretary. He shall serve as the organ of 
communication between the Secretary and township or district 


20 


EDUCATIONAL 


authorities. He shall transmit to the townships, districts or teach¬ 
ers, all blanks, circulars and other communications which are to 
them directed, and he shall entertain and decide all appeals taken 
from decisions of district boards. 

Sec. 53. The County Superintendent shall receive from the 
County Treasury the sum of two dollars for every day necessa¬ 
rily engaged in official services ; but before he shall be entitled to 
receive such compensation, he shall hie in the office ot the County 
Judge a sworn statement of the correctness of his account together 
.with the account itself; Provided , That he shall not receive a 
greater compensation than one-half the salary, hxed by law, of 
the clerk ot the District Court of the County in which the Super¬ 
intendent resides. 


GENERAL PROVISIONS. 

Sec. 54. In townships comprising but one sub-district, three 
members of the District Board of Directors shall be elected in 
manner as provided in section nine of this act for the election of 
one member. The persons elected, together with the township 
clerk, shall constitute the township board, with like powers and 
duties as herein provided lor the board of other townships. 

Sec. 55. If at any time the office of Secretary becomes vacant 
by resignation or otherwise, the Board shall appoint one of their 
own number to fill such vacancy. 

Sec. 56. A school month shall consist of four weeks, of live 
school days each. 

Sec. 57. Any officer whose term of office is prescribed by this 
act, shall continue in office until his successor is elected and qual¬ 
ified. 

Sec. 58. Every person elected or appointed to any office, pur¬ 
suant to the provisions of this act, shall, before entering upon the 
discharge of the duties thereof, take an oath to support the con¬ 
stitution ot the United States, and of this State, and faithfully to 
discharge the duties of his office according to the best of his abil¬ 
ities. In case such officer has a written appointment or commis¬ 
sion, his oath shall be endorsed thereon. In other cases it may 
be taken orally. In either case it may be sworn to before any 
officer authorized to administer oaths. 

Sec. 59. When any officer is superseded by election, or other- 


LAWS OF IOWA. 


21 


wise, he shall immediately deliver to his successor in office, all 
books, papers, and moneys pertaining to his office, taking a receipt 
therefor; and every such officer who shall refuse to do so, or who 
shall wilfully mutilate or destroy any such books or papers, or any 
part thereof, shall be liable to a fine of not less than fifty, nor 
more than two hundred and fifty dollars, at the discretion of the 
court. 

Sec. 60. All fines and penalties collected from a district offi- 
cer, by virtue of any of the provisions ot this act, shall enure to 
the benefit ot that particular district. Those collected from any 
member ot the township board, shall belong to the township, and 
those collected from county officers, to the county. In the two 
former cases, suit shall be brought in the name of the township 
board ; in the latter, in the name of the county, and by the dis¬ 
trict prosecutor. The amount in each case, shall be added to the 
fund next to be applied by the recipient, for the use of common 
schools. 

Sec. 61. Unorganized counties shall be regarded tor the pur¬ 
poses ot this act, the same as though they formed a part of the or¬ 
ganized counties to which they are respectively attached. 

Sec. 62 . The Secretary of the Board of Education may make 
all needful rules and regulations to give efficiency to this law. 
And should any defect be discovered therein while this Board is 
not in session, which is evidently the result of oversight, and 
which in his opinion is detrimental to the efficiency of the law, he 
may supply such defect by a regulation having the force of law, 
until the matter can be acted on by this Board. In such cases he 
must report the fact and the reasons thereof to the Board at its 
next meeting. He may also make regulations fixing the powers 
and duties of any subordinate officer or board, when those duties 
are not sufficiently defined herein, making a like report thereof as 
is above required. 

Sec. 63. In all cases where a school district, as constituted at 
the time of the taking effect of an act entitled “ An act for the Pub¬ 
lic Instruction of the State of Iowa,” approved March 12th, 1858, 
and formed of a part of two or more civil townships in the same 
or adjoining counties, had a school house erected, which said house 
had not been destroyed, removed or abandoned, said district, as at 
that time constituted, shall be and remain a sub-district in, and 
form- a part of the township district in which such school house is 


22 


EDUCATIONAL 


situated, for voting, taxation, enumeration of children, distribution 
of money, and all other school purposes, as fully as though said 
sub-district were all included within the township in which the 
school house is situated, and the boundaries of such sub-district 
shall not be changed except with the concurrence of the boards of 
directors of the townships interested ; provided, that the provisions 
of this section shall not apply to incorporated cities and villages 
containing one thousand inhabitants, or more; and the board of 
directors shall, at their regular meeting in April next after the 
passage of this act, divide their districts in accordance with the 
provisions of this section, and should a vacancy be caused thereby 
in the office of director in any such sub district, the Secretary shall, 
as soon as practicable, call a special meeting of the electors therein, 
to fill such vacancy. 

Sec. G 4 . Nothing in this act shall bo so construed as to give 
the township board of directors jurisdiction over any territory in¬ 
cluded within the limits of any city or incorporated village, with 
the territory annexed thereto for school purposes, which has or¬ 
ganized separately as a school district under any other act of this 
Board. 

Sec. 65. If adequate provision has not been made by the town¬ 
ship district for school house purposes, or the payment of debts in 
any sub-district, the sub-director may, and shall, at the written 
request of one fourth of the electors in his sub-district, call a meet¬ 
ing of the electors of his sub-district; said meeting to be held on 
the second Monday in Juljq and to be organized as at the reg¬ 
ular meeting in March. 

Sec. 66 . lie shall give at least ten days notice of any meeting 
60 called, by causing said notice to be read in the presence of each 
school taught in his sub-district, if during term time, or if no school 
bo in operation, then by posting written notices of said meeting in 
at least three conspicuous public places iji his sub-district. 

Sec. 67. The electors of such sub district, when assembled at 
such called meeting, may determine whether they desire a tax 
levied upon the property of said sub-district. 

First —For the payment of debts against said sub-district con¬ 
tracted before the organization under an act “for tire Public In¬ 
struction of the State of Iowa,” approved March 12th, 1858, or 

Second —For the erection, completion, repairing or furnishing a 
school house or houses in said sub-district, or for purchasing, leas- 


LAW3 OP IOWA. 


23 


*ng, enclos ng or improving grounds for the same, provided that 
no *ax s.. ill he voted of more than one per cent on the taxable prop¬ 
erty of the district in any one year, nor shall any tax for school 
h i- ,- purposes be voted, unless the electors and board of directors 
of tne towns ~ip district imve refused or neglected to vote a tax for 
. purp*. a:::r being requested by the sab-district at its regular 
meeting in March so to do, as provided in sectija thirteen of this 
act Nor i-a i any tax be voted except by a vote of two thirds ot 
the electors present, or a majority of all the electors of the sub¬ 
district. 

Sec. 65. Whenever any tax has been voted by a sab-district, 
as : hr in the preceding section of this act. the sub-director 

sL-d!. within ten days thereafter, certify the same to the Secretary 
ot tL c to vrnship district, together with a list of ail property owners, 
res: lent* of i d sub-district, and the Secretary shall, within twenty 
days thereaft er, estimate the tax upon the taxable property of said 
Rib-district, as shown by the last assessment previous to that time, 
ar. i shall make a list of such tax and certify the same to the proper 
Mtboritj for levying county taxes; and for such services he shall 
recei" :i. e sum of two dollars per day. which shall be paid out of 
the proceeds ot sail tax. 

Sec. 63. Xo action shall be obligatory under the provisions of 
? .* :.s rixty-five, sixty-six. sixty seven and six*y-eight of this act, 
until me General Assembly shall provide for and authorize the 
collection of the taxes therein mentioned. 

Sec. 70. All money arising from taxes voted by a sub-district, 
sL . . when collected, be paid over to the Treasurer ot the township 
district on the order of the sub-director ot the district voting the 
same, and si.ail be pail out only on the order of the President, 
countersigned bv the Secretary and sub director of said district. 

ORAN FAY1LLE, 
President of the Board of Education. 


D-:: :eh .: c-h. i'i • 


24 


EDUCATIONAL 


PART IX. 

CHAPTER 112. 

AN ACT to amend an act passed by the Board of Education December 24th, 1859, entitled “an act t* 
amend an act entitled an act to provide a system of Common Schools.” 

Section 1. Be it enacted by the General Assembly of the State 
of Iowa, That whenever any tax has been voted by a sub-district and 
certified to the Secretary of the township district, as contemplated 
in sections sixty-seven and sixty eight of the act of which this is 
amendatory, the said Secretary shall within ten days thereafter 
certify the same to the County Judge, who shall, at the time of 
levying a tax for county purposes, levy a tax of the amount thus 
certified upon the assessed value of all real and personal property 
in the sub-district by which it was voted, and the same shall be 
collected and paid over in the manner provided in sections twenty- 
four and seventy of the act of which this is amendatory. 

Sec. 2. In any case where it may be incompatible with the 
provisions of the act of which this is amendatory, for the township 
clerk to perform the duties of Secretary, the Board of Directors 
may appoint a Secretary from the district at large, but the person 
so appointed shall have no vote in the proceedings of said Board, 
except as herein provided. He shall qualify within ten days after 
his appointment, and a failure to do so shall create a vacancy. In 
all township districts where there are but two sub-districts, the 
Secretary shall give the casting vote on all questions upon which 
the two sub-districts cannot agree. 

Sec. 3. From and after the first day of January, one thousand 
eight hundred and sixty one, the words, “ Board of Supervisors ” 
shall be substituted lor the words “ County Judge” in the latter 
part of the fourteenth specification of section sixteen ; and also in 
sections twenty-three, thirty-six, thirty-eight and forty-four of the 
act of which this is amendatory, and in section one of this act, and 
the words “Clerk of the Board of Supervisors” shall be substituted 
for the words “County Judge” in the twelfth, and first part of the 
fourth specification of section sixteen, and also in sections twenty- 
nine, thirty-nine, forty, forty-seven, fifty and fifty-three of the act 
of which this is amendatory, and the words “first Monday in May” 
shall be substituted for the words “first Monday in June,” in sec- 


LAWS OF IOWA. 


25 


tion seventeen, and for the words “second Monday in July” in 
section sixty-five of the act of which this is amendatory. 

Sec. 4. The provisions of section twenty-one of the Code shall 
not apply to this act. 

Sec. 5. This act shall take effect and be in force from and af¬ 
ter its publication in the Daily Iowa State Register and the Daily 
Iowa State Journal, newspapers published at Des Moines. 

Approved April 2d, 1860. 

Note. —The foregoing act gives vitality to sections sixty-five, sixty-six, sixty- 
seven, sixty-eight and seventy of Part 8, to which it is amendatory. This will en¬ 
able sub-distriets to vote a tax for the payment of debts and for school house pur¬ 
poses, independent of the District Township. In voting a tax: for school house 
purposes, the conditions of the second specification of section sixty-seven, must be 
strictly adhered to—that is, it can only be voted in case of the neglect or refusal 
of the electors of the District Township and Board o Directors to comply with 
the request of the sub-district made at its regular meeting in March. The first 
meeting under the above sections may be held on the second Monday in July 
1860, but all subsequent meetings are to be held on the first Monday in May of 
each year, in order that the tax may be certified to the Board of Supervisors in 
time for their meeting on the first Monday in June. 


PART X. 

CHAPTER 139. 

AN ACT to amend an act passed by the Board of Education December 24th, 1859, entitled an act to pro- 
vide a system of common schools. 

Section 1. Beit enacted by the General Assembly of the State 
of Iowa, That the seventh section of the act to which this is amen¬ 
datory, be amended by adding to said section the following words 
as the seventh sub-division : Seventh , To determine the branches 
to be taught, and the text books to be used in the schools of their 
district, which power they may also delegate to the district Board 
of Directors. 

Sec. 2 . This act to take effect and be in force from and after 
its publication according to law. 

Approved April 2d 1860. 



2G 


EDUCATIONAL 


PART XI. 

CnAPTEE 149. 

AN ACT to amend an act passed by the Board of Education December 21th, 1S5\ entitled “an act to 
amend an act entitled an act to pro vide a system of common schools." 

Section 1. Be it enacted by the General Assembly of the State 
of Iowa , That when a judgment has been obtained against a school 
district, it shall be the duty of the Board of Directors to pay olf 
and satisfy the same from the proper fund by an order on the 
Treasurer ot the district; and it shall be the duty of the district 
meeting at the time lor voting a tax for the payment of other lia¬ 
bilities of the district, to provide for the payment of such order or 
orders. 

Sec. 2. In case a district has borrowed money of the school 
fund as contemplated in section eight ot “an act to establish a sys¬ 
tem of common schools,” passed by the Board ot Education De¬ 
cember 24th, 1S5S, it shall be the duty ot the Board of Supervi¬ 
sors to levy such tax not exceeding five mills on the dollar in any 
one year on the taxable property ot the district as constituted at 
the time of making such loan, as may be necessary to pay the an¬ 
nual interest on said loan, and the principal when the same falls 
due, unless the Board ot Supervisors shall see proper to extend the 
time of said loan. 

Approved April 3d, 1360. 


PART XII. 


AN ACT providing for the boundaries of Districts in certain ca 3 es. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That in all cases where that portion of any sub dis¬ 
trict lying in a different civil township from the one in which the 
school house of such sub-district is situated shall be entirely unin¬ 
habited, then and in that case said uninhabited portion of such 
sub district shall make and constitute a part of the school district 
of the civil township in which it is situated. 



LAWS OF IOWA. 


27 


Sec. 2. This act to take effect from and after its publication. 

ORAN FAVILLE, 
President of the Board of Education. 


December 24th, 1S50. 


PART XIII. 

AN ACT to provide for Appeals. 

Section 1 . Be it enacted by the Board of Education of the State 
of Iowa , That any person aggrieved by any decision or order of 
the district board ot directors, in matter of law or of fact, may 
within thirty days after the rendition of such decision, or the mak¬ 
ing ot ouch order, appeal therefrom to the County Superintendent 
of the proper county. 

Sec. 2. The basis of the proceeding shall be an affidavit, filed 
by the party aggrieved with the County Superintendent, within 
the time allowed for taking the appeal. 

Sec. 3. The affidavit shall set forth the errors complained of in 
a plain and concise manner. 

Sec. 4. The County Superintendent shall, within five days after 
the filing of such affidavit in his office, notify the Secretary of the 
proper district in writing, of the taking of such appeal. And the 
latter shall, within ten days after being thus notified, ffi.e in the 
office of the County Superintendent a complete transcript of the 
record and proceedings relating to the decision complained of, 
which transcript shall be certified to be correct by the Secretary. 

Sec. 5. After the filing of the transcript aforesaid in his office, 
he shall notify in writing all persons adversely interested, of the 
time and place where the matter of the appeal will be heard by 
him. 

Sec. G. At the time thus fixed for hearing, he shall hear testi¬ 
mony for either party, and for that purpose may administer oaths 
it necessary, and he shall make such decision as may be just and 
equitable, which shall be final, unless appealed from as hereinafter 
provided. 

Sec. 7. An gppeal may be taken from the decision of the 
County Superintendent to the Secretary of the Board of Education, 



28 


EDUCATIONAL 


in the same manner as provided in this act for taking appeals from 
the decision of the district board to the County Superintendent, as 
nearly as applicable, except that he shall give thirty days notice of 
the appeal to the County Superintendent, and the like notice shall 
be given the adverse party. And the decision, when made, shall 
be final. 

Seo. 8. Nothing in this act shall be so construed as to author¬ 
ize either the County Superintendent or Secretary ol the Board of 
Education to render a judgment for money, neither shall they be 
allowed any other compensation than is now allowed by law; Pro¬ 
vided, that all necessary postage must first be paid by the party 
aggrieved. 

ORAN FAVTLLE, 
President of the Board of Education. 

December 24th, 1859. 


PART X I Y. 

AN ACT to provide for the Election and to define the duties of the Secretary of the Board of 

Education. 

Section 1. Be it enacted by the Board of Education of the 
State of Iowa , That at each regular meeting of the Board, there 
shall be elected a Secretary of said Board, who shall hold his office 
until his successor is elected and qualified. 

Sec. 2. He shall, before entering upon the duties of his office, 
and as soon as may be after his election, give bond for the use of 
the State of Iowa, in the penal sum of one thousand dollars, with 
sufficient sureties to be approved by the Secretary of State, con¬ 
ditioned for the faithful and impartial performance of the duties 
of his office, as Secretary of the Board of Education. 

Sec. 3. He shall also, at the time of giving bond, take and 
subscribe an oath, or make affirmation to the effect that he will 
support the Constitution of the United States and of the State of 
Iowa, and to the best of his ability, faithfully and impartially per¬ 
form the duties of Secretary, which oath shall be endorsed upon 
the back of said bond, which shall be filed with, and preserved 
by the Secretary of State. 




LAWS OF IOWA. 


29 


Sec. 4. It shall be the duty of the Secretary to keep an accu¬ 
rate journal of the proceedings of the Board, and to perform all 
other duties required ot him by the Board, or by the laws of this 
State. 

Sec. 5. Immediately after the adjournment of the Board of 
Education, he shall furnish the printer authorized to print the 
laws, with copies of the acts and resolutions passed at the session, 
and cause them to be printed in a plain manner in the form of a 
I pamphlet. 

Sec. 6 . He shall make his certificate that the acts and resolu¬ 
tions therein contained are truly copied from the original rolls, 
and cause the same to be printed at the end of each volume, 
which shall b Qjprima facie evidence of their correctness. 

Sec. 7. He shall, as near as may be, in the same manner as 
provided in the two preceding sections of this act, have the jour¬ 
nals printed. 

Sec. 8 . He shall, on or before the first day of March, after the 
^ acts, resolutions and journals, and such documents as may be re¬ 
quired by law, are printed, after the adjournment of any session 
of the Board, transmit to each Superintendent of common schools 
in each organized county in this State, one copy of the laws for 
every school officer in the county. 

Sec. 9. He shall preserve in his office one hundred copies of 
the acts and resolutions, and twenty-five copies each of the jour¬ 
nals, and distribute ten copies to each member of the Board of 
g Education, and such other documents as may have been published 
by order of the Board of Education, and shall hold the same sub¬ 
ject to the order of the Board. 

Sec. 10. He shall transmit one copy of the journals to each 
Superintendent of common schools and County Judge, in every 
organized county in this State, within the time fixed for the dis¬ 
tribution of the acts of the Board of Education. 

Sec. 11. After the distribution of the acts and resolutions and 
journals, as provided in the two preceding sections, should there 
be any number of the same remaining undistributed, he shall dis¬ 
tribute the same in every organized county in this State, pro rata, 
in proportion to the population of each county. 

Sec. 12. An office shall be provided for him at the seat of 
government, in which he shall file all papers, reports, and public 
documents transmitted to him by the County Superintendents of 



30 


EDUCATIONAL 


the several counties, each year separately, and hold the same in 
readiness to be exhibited to the Governor, or to a committee from 
either house of the General Assembly, or to the State Board of 
Education, at any time when required, and shall keep a fair record 
of all matters pertaining to his ottice. 

Sec. 13. The Secretary of the Board of Education shall bo 
charged with the general supervision of all the County Superin¬ 
tendents, and all the common schools of the State, and he shall 
see that the school system is as early as practicable, carried into 
effect, and put in uniform operation. 

Sec. Id. With a general view to these special duties, he shall 
meet the County Superintendents of each Judicial District, at 
least once in each year, at such time and place as he mny appoint, 
giving due notice ot such meeting; and it is hereby made the duty 
of the said County Superintendents to attend each meeting, the 
object of which shall be to accumulate valuable facts relative to 
common schools, to compare views, discuss principles, and in gen¬ 
eral to listen to all communications and suggestions, and enter in¬ 
to all discussions relative to the compensation of teachers, their 
qualifications, branches taught, method of instruction, text books, 
district libraries, apparatus, and all other matters embraced in the 
common school system. 

Sec. 15. lie shall visit such schools as he may have it in his 
power to do, and witness the manner in which they are conducted. 

Sec. 10. It shall be his duty to recommend, from time to time, 
to County Superintendents, such books as he shall think advisable 
for text-books and for district school libraries, a list of which the 
County Superintendents shall immediately transmit to the several 
Presidents of the district boards of directors in their respective 
counties. 

Sec. 17. The Secretary of the Board ot Education shall cause 
as many copies of this act and all other school acts in force, with 
the forms, regulations and instructions herein contemplated, 
thereto annexed, to be from time to time printed and distributed 
among the County Superintendents, as lie shall deem expedient, 
directing the hitter to distribute the same among the several school 
districts of the State, lie shall also prepare and cause to be dis¬ 
tributed to the several County Superintendents, a form ot certifi¬ 
cate in blank to be granted to teachers, also all other blank forms 
necessary to be used in carrying out this act and all other acts. 


LAWS OF IOWA. 


31 


Sec. IS. He shall annually on the first day of January, re¬ 
port to the Auditor of State the number of persons in each coun¬ 
ty of the State between the ages of live and twenty-one years. 

Sec. 10. Ho shall make a report to the General Assembly and 
the Hoard of Education, at each session thereof, which shall em¬ 
brace, 

First —A statement of the condition ot the common schools of 
the State, and shall contain the number of common school dis¬ 
tricts therein, the number of schools in the State, the number of 
scholars between live and twenty one years of age, and also tho 
number in each county who have attended school the previous 
year, as returned by the several County Superintendents, the num¬ 
ber of books in the district libraries, and the value of all appa¬ 
ratus in the schools. 

Second —Such plans as he may have matured for the manage¬ 
ment and improvement of the common school fund, and for the 
better and more perfect organization and efliciency of common 
schools. 

Third —All such matters and things relating to his office and to 
the common schools, as he shall deem expedient to communicate. 

Fourth —He shall cause his report to be printed, and shall pre¬ 
sent five hundred copies thereof to each body, on or before tho 
6econd day of their session, for distribution. 

Seo. 20. He shall receive annually, the sum of one thousand 
five hundred dollars, as compensation for the duties required 
under this act, and also all necessary contingent expenses for 
traveling, and clerk hire, pertaining to his office, to be audited 
and paid as the salaries and contingent expenses of other State 
Officers; provided that his contingent expenses for these purposes 
shall not exceed the sum of seven hundred and fifty dollars in any 
one year. And he shall, within twenty days after his election take 
possession of the books, papers, and effects belonging to the de¬ 
partment of the Superintendent ot Public Instruction, which of¬ 
fice is hereby abolished. 

Sec. 21. Whenever reasonable assurance shall be given to the 
Secretary of the Board of Education that a number of not less than 
thirty teachers desire to assemble for the purpose of holding a 
Teachers’ Institute, and to remain in session tor a period of not less 
than six working days, he shall appoint such time and place for 
said meeting and such lecturers as the said teachers shall suggest, 


32 


EDUCATIONAL 


and give due notice thereof, and for the purpose of defraying the 
charges for procuring teachers and lecturers lor said Institute, the 
Secretary may receive from the State Treasury, a sum.not exceed¬ 
ing one hundred dollars for any one Institute, which he shall im¬ 
mediately transmit to the County Superintendent in whose county 
the Institute may be held, who shall pay out the same as the In¬ 
stitute may direct, in accordance with the provisions of an act of 
the General Assembly, approved March 12th, 1858, which appro¬ 
priates one thousand dollars for that purpose. 

Sec. 22. Should any vacancy occur at any time in the office of 
the Secretary of the Board of Education while the Board is not in 
session, the Governor shall, by appointment, fill such vacancy un¬ 
til the next session of the Board. 

Sec. 23. This act to take effect from and after its publication 
in the Iowa Citizen and the Iowa Statesman. 

ORAN FAYILLE, 
President of the Board of Educatian. 

December 4th, 1858. 


PART 15. 

0 H A P T E E 6’6 . 

AN ACT for the encouragament of Teacher's Institutes. 

Section 1. Be it enacted by the General Assembly of the State 
of Iowa , That section twenty-one of an act passed by the Board 
of Education, December 24th, 1858, entitled “an act to provide for 
the election and to define the duties of the Secretary of the Board 
of Education,” be amended as follows: Whenever reasonable 
assurance shall be given by the County Superintendent of any 
county, to the Secretary of the Board of Education, that a number 
of not less than thirty teachers desire to assemble for the purpose 
of holding a Teacher’s Institute in said county, to remain in ses¬ 
sion for a period of not less than six working days, he shall appoint 
such time and place for said meeting, and such lectures as the said 
teachers shall suggest, and shall give due notice thereof, and for 
the purpose of defraying the expenses of said Institutes there is 



LAWS OF IOWA. 


33 


hereby appropriated out ot any moneys in the State Treasury not 
otherwise appropriated, a sum not exceeding fifty dollars annually 
tor one such Institute in each county held as aforesaid, which the 
said Secretary shall immediately transmit to the County Superin¬ 
tendent in whose county the Institute shall be held, who shall pay 
out the same as the Institute shall direct. 

Sec. 2. Section fifty-six of chapter fifty-two of the acts of the 
Seventh General Assembly is hereby repealed. 

Sec. 3. This act shall take effect from and after its publication 
in the Daily Iowa State Register, and the Daily State Journal. 

This bill having remained wtth the Governor three days, (Sundays excepted,) 
the General Assembly being in session, has become a law this 28th day of March. 
I860. ELIJAH SELLS, 

Secretary of State. 


PART XVI. 


AN ACT for the government and regulation of the State University of Iowa. 

Section 1 . Be it enacted by the Board of Education of the State 
of Iowa , That the object of the State University of Iowa, estab¬ 
lished by the Constitution at Iowa City, shall be to provide the 
best and most efficient means of imparting to the youth of the 
State, of both sexes, upon equal terms, a thorough education and 
a perfect knowledge of the different branches of literature, the arts 
and sciences, with their various applications. 

Sec. 2. There shall be attached to the University a Collegiate 
Department, in which, as soon as may be deemed expedient by 
the Board of Trustees hereinafter provided, regular College classes 
shall be formed or provided for, and a President and the necessary 
professors and tutors elected. There shall also be a Normal De¬ 
partment to the University, in which shall be taught the theory 
and practice of teaching, and everything which enters into it as an 
art, including all the most approved methods and processes now 
in use in all the varieties of teaching. 

Sec. 3. The University shall be governed and managed by a 
Board ot Trustees consisting of seven persons, to be elected at the 
first meeting of the Board of Education, three of whom shall hold 
5 



34 


EDUCATIONAL 


their offices tor one year, and tour for three years, and whenever 
the terms of any trustees expire, their places shall be supplied by 
new elections. 

Sec. 4. The members ot the Board of Trustees shall each re¬ 
ceive the same per diem during the time of their session, and 
mileage going to and returning theretrom, as members of the Gen¬ 
eral Assembly. 

Sec. 5. The University shall never be under the exclusive con¬ 
trol of any religious denomination whatever. 

Sec. 6 . In all cases where specimens of natural history, and 
geological and mineralogical specimens which are or may be here¬ 
after collected by the State Geologist of Iowa, or by any others 
appointed by the State to investigate its natural history and phys¬ 
ical resources, are found, they shall belong to and be the property 
of the State University, and shall form a part of its cabinet of nat¬ 
ural history. 

Sec. 7 . The Board of Trustees shall appoint a Secretary, a 
Treasurer and Librarian, and a Curator of the Cabinet ot Natural 
History, v T ho shall hold their respective offices during the pleasure 
of the Board of Trustees. It shall be the duty of the Secretary to 
record all the proceedings of the Board, and carefully to preserve 
all its books and papers. It shall be the duty of the Treas¬ 
urer to keep a true and faithful account of all moneys received and 
paid out by him, and before entering upon the duties of his office, 
he shall take and subscribe an oath that he will faithfully perform 
the duties of Treasurer, and he shall also give a bond in the pen¬ 
alty of twenty-five thousand dollars, conditioned for the faithful 
discharge of his duties as Treasurer, and that he will at all times 
keep and render a true account of all moneys received by him as 
such Treasurer, and of the disposition he has made of the same, 
and that he will at all times be ready to discharge himself of the 
trust, and to pay over when required; which bond shall have two 
good sureties, and shall be approved as to its form and the suffi¬ 
ciency of its sureties, by the Board of Trustees, and also the Au¬ 
ditor and Secretary of State, and shall be filed in the office of the 
latter. The Librarian and Curator shall have charge of the Li¬ 
brary and Cabinet of Natural History. 

Sec. 8 . The University shall consist of such departments as 
the Board ot Trustees shall determine, subject to the provisions ot 
this act, and the same may be altered or changed as they may pre- 


LAWS OF IOWA. 


35 


scribe. The immediate government of the several departments 
shall be intrusted to the faculty. The method and course of in¬ 
struction in each department shall be prescribed by the Board of 
Trustees, who shall also confer such degrees, and grant such di¬ 
plomas, as are usually conferred and granted by other Universities, 
or such others as they may think proper. 

Sec. 9. The Board of Trustees shall have power, and it shall 
be their duty to enact laws for the government of the University, 
to elect a President and the requisite number of professors and 
tutors, also such other officers as they may deem expedient, and to 
determine the amount of their respective salaries, also the compen¬ 
sation of the officers mentioned in section seven of this act. They 
shall have power to lemove any officer connected with the institu¬ 
tion, when in their judgment the good of the institution requires, 
and to determine the amount of fees to be paid for tuition. 

Ssc. 10. The Board of Trustees are authorized to expend^uch 
portion of the income of the University Fund as it may deem ex¬ 
pedient, in the purchase of apparatus, library and cabinets of nat¬ 
ural history, in providing suitable means to keep and preserve the 
same, and in the procurement of all other means and facilities for 
giving instruction. 

Sec. 11. The first meeting of the Board of Trustees shall be 
held on the first Wednesday of February, in the year one thou¬ 
sand eight hundred and fiity-nine, at Iowa City ; the annual meet¬ 
ings of the Board shall be held on the last Tuesday of June of 
each year. The President of the Board of Education may call 
special meetings when he deems it expedient. The Board of 
Trustees shall have power to fill all vacancies occurring therein, 
except when the Board of Education is in session ; and the person 
so appointed shall hold his office until the next session of the 
Board of Education. 

Sec. 12. The Treasurer of the University shall have a set of 
books in which he shall keep an accurate account of all transac¬ 
tions relative to the sale and disposition of the University lands, 
and the management of the fund arising therefrom ; which books 
shall exhibit wdrat parts and portions of land have been sold, at 
what prices, and to whom, and how the proceeds have been in¬ 
vested, and on what securities; and what land still remains un¬ 
sold, where situated and of what value respectively. 

Sec. 13 . No sales of lands belonging to the University shall 


36 


EDUCATIONAL 


hereafter take place, unless the same shall be decided upon at a 
regular meeting of the Board of Trustees, or at one called for that 
particular purpose, and then only in the manner, upon the notice, 
and on the terms which the Board shall prescribe, and no mem¬ 
ber of the Board shall be either directly or indirectly interested in 
any purchase of such lands upon sale, and it shall be lawful for 
the Board to invest any such surplus income which is not imme¬ 
diately required for the purposes of instruction, in the United 
States or in other interest paying State Stocks, and to hold the 
same for the University, either as a perpetual fund or as an in¬ 
come to defray current expenses, as said Board of Trustees may 
deem expedient. 

Sec. 14. The Board of Trustees shall make a report to the 
General Assembly and to the Board of Education at each of their 
respective sessions, which shall exhibit the state, condition and 
progress of the University in its several departments, the different 
courses of study pursued therein, the branches taught, the means 
and methods of instruction adopted, the number of professors, with 
the compensation of each, and the number of students, with their 
names, ages, studies, sex and residence, the situation and condi¬ 
tion of the University Fund, the income derived therefrom, the 
amount of expenditures, and such other matters as said Board of 
Trustees may deem proper to communicate. 

Sec. 15. This act shall take effect from and after its publica- 
tiDn in the lowa Statesman and the Iowa Citizen. 

ORAN FAVILLE, 
President of the Board of Education. 

December 25th, 1858. 


PART X'VII.J 

CHAPTER 105. 

AN ACT appropriating the Saline Lands and funds to the State University of Iowa. 

Section 1 . Be it enacted by the General Assembly of [the 
State of lowa , That the Saline Lands and funds are hereby ap¬ 
propriated to the State University to become a part of the perma- 



LAWS OF IOWA. 


37 


nent fund ot said institution ; Provided , That the Board of Trus¬ 
tees of said University be, and they are hereby authorized to ex¬ 
pend out of the proceeds of said Lands, a sum not exceeding five 
thousand dollars in completing and furnishing for use, the building 
erected for a “ boarding hall,” under the provisions of Chapter 41 
ot the acts of the Seventh General Assembly; and a further sum 
not exceeding five thousand dollars in repairing and refitting the 
main building of said University, and in the purchase of the 
necessary apparatus for instruction in said institution. 

Sec. 2. That it is hereby made the duty of any officer who 
may now or hereafter have charge of any funds heretofore 
or hereafter arising from the sale of the Saline Lands, to pay the 
same over from time to time without delay, to the Treasurer of 
said University, who shall invest the same in the manner pre¬ 
scribed for the investment of the University Fund. 

Sec. 3. This act to take effect and be in force from and after 
its publication in the Iowa State Register and Iowa State Journal. 

Approved April 2d, 1860. 


PART XVIII. 

CITY DISTRICTS. 

AN ACT to confer certain powers on towns and cities for school purposes. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That any city or incorporated town in this State, 
including the territory annexed thereto for school purposes, may 
constitute a separate school district. 

Sec. 2. At the written request of any ten voters of such city 
or town, the municipal authorities thereof shall provide for taking 
the sense of the people residing within the limits of the contem¬ 
plated district, by means of a public vote by ballot. 

Sec. 3. Should the majority of the votes cast at any such elec¬ 
tion be in favor of a separate organization, an early day shall be 
fixed for electing by ballot, a President, Yice President, Secreta¬ 
ry, Treasurer and three Directors, all of whom shall constitute a 
District Board, having the same general powers, duties and obli- 



38 


EDUCATIONAL 


gations as attach to the like Board in the township districts, ex¬ 
cept as herein provided. The said President, Vice President, 
Secretary and Treasurer, shall hold their offices tor the same time, 
and after the first election their successors shall be elected upon 
the same day and shall conform in other respects to the same 
rules and requirements as are provided by law for the same officers 
in the township districts. 

Sec. 4. After the first election, the directors shall, by lot, de¬ 
termine the length of their respective terms of office; one shall 
serve till the second Monday in March next after his election ; an¬ 
other till one year after the said second Monday in March ; and a 
third till two years thereafter. At the end of each such term, a 
successor shall be elected who shall hold his office for three years, 
and until his successor is elected and qualified. Should a vacancy 
occur in respect to either of said directors, it may be filled by the 
remainder of the Board until the day of the next election, when 
a successor shall be elected to fill out the remainder of his term. 

Sec. 5. The said district may have as many school houses, 
and their schools may be regulated in such a manner as the said 
Board may direct, subject to the general laws of the State. They 
may distribute the executive duties of their Board among the 
three directors in such manner as they shall think expedient. 

Sec. 6 . Should any portion of said city or town lie in a differ¬ 
ent township from that in which the principal portion thereof is 
situated, the inhabitants of such fraction may organize with the 
remaining portion of their own township at any time that they 
may think proper so to do ; or should their population exceed five 
hundred in number, they may organize in the same manner as is 
provided for the main portion of the city or town as herein be¬ 
fore provided. 

Sec. 7. At the written request of any ten voters residing 
within such fractional portion of any towrn or city, the municipal 
authorities thereof shall provide for taking a vote by ballot to de¬ 
termine whether they will remain attached to the main body of 
the city or town. And should their number exceed five hundred 
inhabitants, there shall be provision made at the same time or af¬ 
terwards for ascertaining whether the fraction so cut off will or¬ 
ganize by itself, or will unite with the remaining portion of its 
own township. 

Sec. 8. Where a town or city is carved out of a civil township 


LAWS OF IOWA. 


39 


as contemplated in this act, the remainder of such township shall 
constitute a separate school district, the boundaries between which 
and the said city or town district may at any time be changed 
with the consent of both their respective Boards of directors. 

Sec. 9. This act shall take effect and be in force from and af¬ 
ter its publication in the Iowa Statesman and Iowa Citizen. 

ORAN FAYILLE, 
President of the Board of Education. 

December 24th, 1858. 


PART XIX. 

Chapter 20. 

AN ACT to amend an Act to confer certain powers on towns and cities for School purposes. 

Section 1 . Be it enacted by the General Assembly of the State 
of Iowa , That the provisions of an act to confer certain powers on 
towns and cities for school purposes, passed by the Board of Edu¬ 
cation, December'24th, 1858, be and hereby are extended to unin¬ 
corporated towns and villages containing not less than three hun¬ 
dred inhabitants, and the duties required of municipal authorities 
of cities and incorporated towns by said act, shall, in the case of an 
unincorporated town or village as aforesaid, and upon the written 
request of ten legal voters thereof, be performed by the trustees of 
the civil township in which such unincorporated town or village 
may be situated; and in case such unincorporated town or village 
shall embrace parts of two or more adjoining civil townships or 
counties, then the aforesaid duties shall devolve on the trustees of 
the civil township in which a majority of the legal voters of the 
contemplated school district reside. 

Sec. 2. The regular meeting of all school districts heretofore or 
hereafter organized under the act to which this is amendatory, 
shall be held on the second Monday in March of each year, at 
which time the qualified electors shall elect a President, Vice 
President, Secretary and Treasurer of the district, who shall hold 
their offices for one year and until their successors are elected and 
qualified, and also one director in the manner prescribed in section 
four of said act; and the President, Vice President and Secretary 
of the district then in office shall act as judges of t*Ve eK 'tion, and 



40 


EDUCATIONAL 


shall issue certificates of election to the persons elected for the 
ensuing term. Should a vacancy occur in the district board, they 
may fill the same by appointment until the next regular district 
election thereafter, or may call a special meeting of the district for 
that purpose. 

Sec. 3. The provisions of section twenty-one of the Code shall 
not apply to this act. 

Sec. 4. This act to be in force from and after the day of its 
publication in the Iowa State Register and the Iowa State Journal, 
published at Des Moines. 

Approved February 26th, 1860. 

Note.— The words “ shall hold their offices tor the same time, and after the 
first, election their successors shall be elected upon the same day and,’’ of section 
three of Part 18, are annulled by the provisions of Part 8, which designate the 
first instead of the second Monday in March as the time for the election of the 
District Township Board, and dispense with the office of Vice President; leaving 
still in force the words, “The said President, Secretary and Treasurer shall con¬ 
form in other respects (that is , in anything except the time and manner of their 
election ) to the same rules and requirements as are provided by law for the same 
officers in the township districts.” The deficiency, as to the time and manner of 
the election of President, Vice President, Secretary and Treasurer, is supplied by 
section two of the above amendment. 

As a matter of convenience in correspondence, all districts organized under the 
provisions of Parts 18 and 19, will be termed “City Districts.” The law, as 
amended, applies to both incorporated and unincorporated towns and cities of not 
less than three hundred inhabitants. 


PART XX. 


AN ACT relative to the Introduction of Webster’s Dictionary into the Common Schools of this State. 

Section 1 . Be it enacted by the Board of Education of the 
State of Iowa , That the Board of Directors of each school district 
in this State may, at any regular or special meeting of said Board, 
determine whether they will purchase for the use of the schools in 
their district, copies of Webster’s Unabridged Dictionary. 

Sec. 2. Whenever the sub-director of any sub-district shall 
determine to purchase a copy of said Dictionary for said sub-dis¬ 
trict, the Secretary of the district shall immediately certify the 
same, sp^.ifyUg the number of copies determined upon, to the 



LAWS OF IOWA. 


41 


County Superintendent, who shall certify the same to the Auditor 
ot State and to the County Judge. 

Sec. 3. At the time ot each annual apportionment by the 
County Judge, of school funds among the several districts, he shall 
deduct trom the amount of funds derived from county tax appor¬ 
tioned to each district, one half of the cost of all such Dictionaries 
ordered by said district that or the preceding year, and the amount 
so deducted shall be returned to the State Treasury as provided 
for surplus interest in section eight, Chapter 158, laws of 1858. 

Sec. 4. The Auditor of State is hereby authorized and directed 
to purchase of the publishers, trom time to time, as they are order¬ 
ed for the several counties, the number of such books necessary to 
supply all orders so received, provided that they shall be purchased 
at a cost not exceeding four dollars per copy, on such terms of pay¬ 
ment as are specified in section three of this act, shall be the latest 
edition of Webster’s Quarto Unabridged, printed on superior paper, 
well bound in leather, perfect in all respects, and shall be deliverd 
free of charges at any points in this State not exceeding four, one 
of which shall be Council Bluffs, and the other three not farther 
west than Des Moines City, which may be designated by the Aud¬ 
itor, and the Auditor shall notify the State Treasurer of the num¬ 
ber of books so purchased for each county. 

Sec. 5. The Secretary of the Board of Education shall receipt 
to the publishers for such books on their arrival in good order at 
the place or places designated by the Auditor, and shall immedi¬ 
ately distribute them to the several County Superintendents by 
whom they were ordered, in the same manner as laws of the Gen¬ 
eral Assemby are distributed. 

Sec. 6 . The County Superintendents shall, on receipt of such 
books, at once distribute them to the proper districts. 

Sec. 7. Such Dictionaries shall be kept in the schools during 
the term time, and under the control of the teacher thereof, and 
when not in school, shall be placed in the district library, subject 
to the rules established for the government of district libraries. 

Sec. 8. The Auditor of State, or any other officer, shall not 
receive any compensation for the services which they may render 
under this act. 

ORAN FAYILLE, 
President of the Board of Education. 

December 24th, 1858. 

6 


42 


EDUCATIONAL LAWS OF IOWA. 


PART XXI. 


AN ACT to amend an act entitled “an act relative to the introduction of Webster’s Dictionary into 
the Common Schools of this State.” 

Section 1. Be it enacted by the Board of Education of the 
State of Iowa , That an act relative to the introduction of Web¬ 
ster’s Dictionary into the Common Schools of this State, passed 
at its session in December, 1858, be amended as follows : 

Strike out the word “ one,” in the fourth line of section three, 
and the words “half of,” in the fifth line of the same section. 
Strike out in the sixth line of the same section the words, “ or the 
preceding 1 .” In seventh line of section four, insert “and” before 
“ shall.” Strike out all after “ State,” in the eleventh line of same 
section, all of the twelfth line, and as far as the word “ which,” 
in the thirteenth line. 

Sec. 2. All contracts made under the provisions of the act to 
which this is amendatory, shall be performed as provided in said 
act. 

ORAX FAY1LLE, 
President of the Board of Education. 

December 24th, 1859. 

Note. —The effect of the foregoing amendment is, that the County Judge (or 
Clerk of the Board of Supervisors) shall deduct the whole cost of the Dictionary 
out of the first apportionment made after it is ordered, and that the books shall 
be delivered at such points as the Auditor may designate. 


FROM THE 


CONSTITUTION OF THE STATE OF IOWA. 


ARTICLE IX—EDUCATION AND SCHOOL LANDS. 

First —Education. 

Section 1 . The educational interests of the State, including 
Common Schools and other educational institutions, shall be un¬ 
der the management of a Board of Education, which shall consist 
of the Lieutenant Governor, who shall be the presiding officer of 
the Board, and have the casting vote in casd of a tie, and one 
member to be elected from each judicial district in the State. 

Sec. 2. No person shall be eligible as a member of said Board 
who shall not have attained the age of twenty-five years, and 
shall have been one year a citizen of the State. 

Sec. 3. One member of said Board shall be chosen by the 
qualified electors of each district, and shall hold the office for the 
term of four years, and until his successor is elected and qualified. 
After the first election under this Constitution, the Board shall be 
divided, as nearly as practicable, into two equal classes, and the 
seats of the first class shall be vacated after the expiration of two 
years ; and one half of the Board shall be chosen every two years 
thereafter. 

Sec. 4. The first session of the Board of Education shall be 
held at the seat of Government on the first Monday of December, 
after their election ; after which the General Assembly may fix 
the time and place of meeting. 

Sec. 5. The session of the Board shall be limited to twenty 
days, and but one session shall be held in any one year, except 




44 


CONSTITUTION OF THE 


upon extraordinary occasions, when, upon the recommendation of 
two-thirds of the Board, the Governor may order a special session. 

Sec. 6 . The Board of Education shall appoint a Secretary, 
who shall be the executive officer of the Board, and perform such 
duties as may be imposed upon him by the Board and the laws 
of the State. They shall keep a journal of their proceedings, 
which shall be published and distributed in the same manner as 
the journals of the General Assembly. 

Sec. 7. All rules and regulations made by the Board shall be 
published and distributed to the several counties, townships and 
school districts, as may be provided for by the Board, and when 
so made, published and distributed, they shall have the force and 
effect of law. 

Sec. 8. The Board of Education shall have full power and au¬ 
thority to legislate and make all needful rules and regulations in 
relation to Common Schools, and other educational institutions, 
that are instituted, to receive aid from the School or University 
fund of this State; but all acts, rules and regulations of said Board 
may be altered, amended or repealed by the General Assembly; 
and when so altered, amended or repealed, they shall not be re¬ 
enacted by the Board of Education. 

Sec. 9. The Governor of the State shall be, ex-officio, a mem¬ 
ber of said Board. 

Sec. 10. The Board shall have no power to levy taxes, or 
make appropriations of money. Their contingent expenses shall 
be provided for by the General Assembly. 

Sec. 11. The State University shall be established at one place 
without branches at any other place, and the University fund shall 
be applied to that institution, and no other. 

Sec. 12. The Board of Education shall provide for the educa¬ 
tion of all the youths of the State, through a system of Common 
Schools, and such schools 6hall be organized and kept in each 
school district at least three months in each year. Any district 
failing, for two consecutive years, to organize and keep up a 
school, as aforesaid, may be deprived of their portion of the school 
fund. 

Sec. 13. The members of the Board of Education shall each 
receive the same per diem during the time of their session, and 
mileage going to and returning therefrom, as members of the 
General Assembly. 


STATE OF IOWA. 


45 


Sec. 14. A majority of the Board shall constitute a quorum for 
the transaction of business ; but no rule, regulation or law for the 
government ot Common Schools or other educational institutions 
shall pass without the concurrence of a majority of all the members 
of the Board, which shall be expressed by the yeas and nays on 
the final passage. The style ot all acts of the Board shall be, “Be 
it enacted by the Board of Education of the State of Iowa.” 

Sec. 15. At any time after the year one thousand eight hun¬ 
dred and sixty three, the General Assembly shall have power to 
abolish or re-organize said Board ot Education, and provide for the 
educational interests of the State in any other manner that to them 
shall seem best and proper. 

Second —school funds and school lands. 

Section 1 . The educational and school funds and lands, shall 
be under the control and managment of the General Assembly of 
this State. 

Sec. 2 . The University lands, and the proceeds thereof', and all 
moneys belonging to said fund, shall be a permanent fund for the 
sole use of the State University. The interest arising from the 
same shall be annually appropriated for the support and benefit of 
said University. 

Sec. 3. The General Assembly shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral, and agricuh 
tural improvement. The proceeds of all lands that have been, or 
hereafter may be, granted by the United States to this State, for 
the support of schools, which may have been or shall hereafter be 
sold, or disposed of, and the five hundred thousand acres of land 
granted to the new States, under an act ot Congress, distributing 
the proceeds of the public lands among the several States of the 
Union, approved in the year of our Lord one thousand eight hun¬ 
dred and forty-one, and all estates of deceased persons who may 
have died without leaving a will or heir, and also such per cent as 
has been or may hereafter be granted by Congress, on the sale of 
lands in this State, shall be, and remain a perpetual fund, the in¬ 
terest of which, together with all rents of the unsold lands, and 
such other means as the General Assembly may provide, shall be 
inviolably appropriated to the support of common schools through¬ 
out the State. 

Sec. 4. The money which may have been or shall be paid by 
persons as an equivalent for exemption from military duty, and the 



46 


CONSTITUTION OF THE STATE OF IOWA. 


clear proceeds of all fines collected in the several counties for any 
breach of the penal laws, shall be exclusively applied, in the sev¬ 
eral counties in which such money is paid, or fine collected, among 
the several school districts of said counties, in proportion to the 
number of youths subject to enumeration in such districts, to the 
support of common schools, or the establishment of libraries, ae 
the Board of Education shall from time to time provide. 

Seo. 5. The General Assembly shall take measures for the pro¬ 
tection, improvement, or other disposition of such lands as have 
been or may hereafter be reserved, or granted by the United States, 
or any person or persons, to this State, for the use of the Univer¬ 
sity, and the funds accruing from the rents or sale of such lands, 
or from any other source for the purpose aforesaid, shall be, and 
remain a permanent fund, the interest of which shall be applied to 
the support of said University, for the promotion of literature, the 
arts and sciences, as may be authorized by the terms of such grant. 
And it shall be the duty of the General Assembly as soon as may 
be, to provide effectual means for the improvement and permanent 
security of the funds of said University. 

Sec. 6 . The financial agents of the school fund shall be the 
same, that by law, receive and control the State and County reve¬ 
nue, for other civil purposes, under such regulations as may be pro¬ 
vided by law. 

Sec. 7. The money subject to the support and maintenance of 
common schools shall be distributed to the districts in proportion 
to the number of youths between the ages of five and twenty-one 
years, in such manner as may be provided by the General Assem¬ 
bly. 


STATE OF IOWA—SS. 


I, Thomas II. Benton, Jr., Secretary of the Board of Education of the State 
of Iowa, do hereby certify that the foregoing acts, passed by the said Board, are 
truly copied from the original rolls on file in my office. 

In testimony whereof, I have hereunto subscribed my name, at the City of 
Dea Moines, this eleventh day of April, A. D., 1860. 

THOMAS H. BENTON, Jr., 

Sec’y of the Board of Education. 

STATE OF IOWA—SS. 


I, Elijah Sells, Secretary of State, hereby certify, that the foregoing acts ot 
the General Assembly, and Article IX of the Constitution, are truly corned from 
the original rolls on file in my office. 1 

In testimony whereof, I have hereunto subscribed my name, at the City of 
Hes Moines, this eleventh day of April, A. D., 1860. 

ELIJAH SELLS, Secretary of State. 



Office of Secretary of the Board of Education^ ) 

Des Moines, Iowa, April 11, 1860. j 

In order to avoid the frequent repetition of long titles, I have 
divided the various acts, which compose the educational laws of 
the State now in force, into parts, and shall observe this order in 
my correspondence with school officers and others. 

I would respectfully request those who address this office for in¬ 
formation involving the interests of others, to state the case fully 
and fairly —without bias on either side It should be remembered 
that my answer is necessarily based upon the statement of facts re> 
ceived , and hence if the statement is only partial—that is, presents 
the truth, but not the whole truth,—the answer may unintention¬ 
ally prejudice the rights of other parties. I should much preler in 
all cases of dispute, that the } arties iu interest present a joint 
statement of the facts in as concise a manner as possible, and if it 
relates to district boundaries, let a plat of the districts interested 
accompany it. It would be infinitely better, however, for all such 
disputes to be settled by the mutual agreement of the parties 
themselves. It is earnestly hoped therefore, that a spirit of con¬ 
ciliation will prevail among the people, and that the education of 
the youth of the country wii not be neglected in consequence of 
petty dissensions and personal piques among their parents and 
guardians. Where the law is defective let the principles of equity 
mutually govern contending parties, and the ends of justice will 
most assuredly be attained. 

It will be observed that the General Assembly has made no ma¬ 
terial change in the school law. It is now T definitely settled that 
we are to continue under the present system for the next two years 
at least. In the meantime the people will have an opportunity of 
becoming thoroughly acquainted with it, and if, alter a fair exper 
iment, they become satisfied that it will not answer their purpose, 


48 


CIRCULAR OF THE 


they can petition the Board of Education at its next regular ses¬ 
sion for such changes as they may desire; and I have no doubt 
but that body will cheerfully grant them. The sub-districts 
now possess nearly all the powers ot an independent district; and 
if they avail themselves of the provisions of the law enacted for 
their benefit, their rights cannot be materially infringed by the ex¬ 
ercise of arbitrary power on the part of the District township. 
The duty of the Board of Directors to establish schools in the sub¬ 
districts, is plain and imperative , and can neither be disregarded 
nor evaded without a palpable violation of the law, and their offi¬ 
cial obligations. 

In the administration of the law, it will be my chief desire to 
promote the best interests of all concerned, and any official duty 
through which this end may be attained, will be cheerfully per¬ 
formed. I am well aware how exceedingly difficult it is for our 
people to meet the numerous and urgent demands against them at 
the present time, but I have an abiding confidence, that He with¬ 
out whose notice not even the sparrow shall fall to the ground, will 
so order events as to enable us, amid the most pressing necessities, 
to keep the fire brightly burning upon our educational altars. 

TO THE RESPECTIVE COUNTY JUDGES. 

It is made your duty to fill by appointment any vacancy that 
may occur in the office of County Superintendent. Will you have 
the kindness, whenever a change of officers occurs in said office, 
to forward to this office a certificate of the election or appointment 
and qualification of the person elected or appointed, together with 
his post-office address? It is essential that I should have official 
information of such change; otheiwise the rights and educational 
interests of the county might suffer in consequence of the recogni¬ 
tion of some person not authorized to act. It is also your prerog¬ 
ative to form and change the boundaries of civil townships. In 
doing so, I trust you will consult as far as possible the convenience 
of school districts, and especially that you will not interfere with 
the boundaries of sub districts in which school houses have been built . 

The foregoing notice is also designed for the respective Boards 
of County Supervisors, when they shall have assumed the duties 
referred to. 

TO COUNTY SUPERINTENDENTS. 

You are required, within twenty days after your election or ap- 


SECRETARY OF TItE BOARD 


49 


pointment, to qualify and enter upon your official duties, and a 
failure to do so creates a vacancy. The provisions of Chapter 159, 
of the acts of the Seventh General Assembly, for county officers to 
enter upon their official duties on the first Monday in January next 
after their election, are not applicable to the office of County 
Superintendent. In this position, I am sustained by the official 
opinion of the Attorney General. You will please have your cer¬ 
tificate of election or appointment and qualification, and post-office 
address, forwarded with as little delay as possible after you have 
entered upon you official duties. 

The law is a little defective in requiring the bond ot a sub-director 
to be tiled with the President, as he himself is a sub-director. You 
will therefore require any sub-director who has been elected Pres¬ 
ident of the 5>oard, to file his bond with the Secretary of the Dis¬ 
trict Township. The provision of section two of Part IX, for the 
Secretary to give the casting vote in case of a tie, is intended to 
apply to all cases where the Board is composed of an even number . 

Many inquiries have been made about the manner of distribu¬ 
ting the school money among the sub-districts. The law leaves 
the matter entirely to the discretion of the Board of Directors. It 
is their duty to establish a school in each of the sub districts, and 
to expend the money for that purpose in such manner as they may 
think proper, subject to the provisions of the law. 

It will afford me great pleasure at any time to confer with you 
fully and freely, and to render you any assistance in my power in 
the discharge ot your official duties. 

TO BOARDS OF SCHOOL DIRECTORS. 

You are sworn officers, and as such it becomes your duty to ad 
minister the law according to its spirit and intent. To enable you 
to do so faithfully and impartially , it is essential that you should 
keep r &loof from all disputes and dissensions connected with the af¬ 
fairs of the district. Let all your official acts have for their aim 
the welfare of the educational interests of the district , and not the 
gratification of personal animosities or sectional prejudices. 

Numerous complaints have been made as to the time and man¬ 
ner of holding district meetings—that is, that the hour fixed for 
the meeting is an unusual and inconvenient one—that a few per- 
ons assemble, elect officers, transact the business and adjourn be- 
7 


50 


CIRCULAR OF THE 


fore many of the electors have had an opportunity of being pres¬ 
ent. In order to prevent any irregularity of this kind, I hereby 
ordain and establish as a regulation, that no meeting of a District 
township, sub-district, or city district shall assemble at an earlier 
hour than nine o’clock, A. M., nor adjourn, except for recess at 
noon, before 3 o’clock P. M., and you are strictly enjoined to see 
that the respective officers conform to this rule in giving notice of 
district and sub-district meetings. See that the records of your 
district are accurately kept and carefully preserved, and that all 
moneys are applied to the use for which they are intended. Make 
no contracts for the erection of school houses or the employment 
of teachers unless you have the funds at your disposal for the pur¬ 
pose, or will realize the necessary amount from taxes previously 
levied, before it will be needed by the terms of the contract. 

System and organization are just as essential in the government 
of a school district, as in the government of a State or County. 
Permit no person to be employed as a teacher, unless he possesses 
those qualities of head and heart, which will enable him to govern 
and instruct the children efficiently and successfully. No director 
can be a teacher in any of the schools of his own district, because 
it is made his duty to employ and contract with the teacher. For 
the same reason a director should not be a contractor with the 
Board for the construction of a school house. If he desires to be¬ 
come a contractor, let him resign, and the vacancy be filled by 
appointment. 


APPEALS. 

The present law, Part 13, provides for an appeal from any decis¬ 
ion of the Board of directors, to the County Superintendent and 
from the County Superintendent to the undersigned. I trust how¬ 
ever, that the affairs of the districts will be so managed as to ren¬ 
der it unnecessary to institute proceedings under it. It is difficult 
to prescribe any particular forms for the proceedings contemplated 
under it. Indeed the law itself is sufficiently explicit. In case of 
an appeal from the County Superintendent to the undersigned, I 
wish the party making it to state distinctly the grounds upon which 
it is based. I will then give the County Superintendent 30 days 
notice of the fact, within which time, he should prepare and trans¬ 
mit to this office, a full and certified transcript of all proceedings 


SECRETARY OF THE BOARD. 


SI 


in the case, including the affidavit presented to him, the testimony, 
his opinion and decision; and a plat of the respective districts in 
case it relates to district boundaries. A written argument from 
each of the parties may also accompany the transcript, if they de¬ 
sire. 

It should be borne in mind that the object of this law is to pre¬ 
vent, not to create strife. It is designed to settle district contro¬ 
versies without litigation and costs. Hence it is hoped that no one 
will avail himself of its provisions, unless the case is of sufficient 
importance to justify it. 

TO PARENTS AND GUARDIANS. 

The success of our schools depends much upon the interest man¬ 
ifested by you in their behalf. Nothing exerts a more salutary 
influence upon both teacher and scholars than the frequent pres¬ 
ence of parents and guardians in the school room. It is a duty 
that you owe to them and to yourself to see that ample provis¬ 
ion has been made for their instruction. Your visits will create 
an emulation among the children, which the teacher, though faith¬ 
ful and diligent, cannot inspire. You complain that the schools 
are inefficient and badly conducted. This may be true, but the 
fault is yours. Next then to the essential comforts of the family 
circle under the paternal roof, let it be your chief care to see that 
your children are properly trained and instructed in the school 
room. Instead of sending your children to distant Institutions, 
at great risk and expense, make your schools at home what they 
should be, and educate your -sons and daughters under your own 
personal and daily supervision. See that competent teachers are 
employed, and then extend to them your constant co-operation 
and support, and thus induce them to become permanent residents 
among you. One such teacher is worth a half dozen of those 
who teach a term here and a term there, as a mere matter of con¬ 
venience when not otherwise employed. 

TO TEACHERS. 

You come last, though not by any means least, on the list. A 
responsible duty devolves upon you, and if you fail to discharge 
it, the deficiency cannot be supplied. For the time being, you 
become both parent and teacher to the children under your care. 


52 


CIRCULAR OF THE SECRETARY OF THE BOARD. 


Their instruction, their government, their morals, their health, 
and the formation of their manners and habits are all entrusted 
to you; and you are solely responsible for the fulfillment of this 
sacred trust during school hours. The institution of good gov¬ 
ernment is one of your most important duties. It is not difficult 
to instruct the child who is well governed, but if he is not prop¬ 
erly governed, all efforts to develope the mind will be fruitless. 
The government of children requires patience and reflection, but 
after all is not so difficult as many imagine. I have always ob¬ 
served that the most fussy (the only word in the language which 
fully expresses the idea) teachers, are not the most successful in 
government. It is not essential to keep up a perpetual storm and 
whirlwind in order to govern a school. Neither is it necessary to 
assume a reserved, forbidding dignity. Either extreme fails to 
command the respect and confidence of the child. I am more 
than half inclined to the opinion, that in childhood we discern 
character more readily and decide more promptly, than in any 
other period of life. The moment the pupil enters the school 
room, he commences the study, not of his letters, but of the 
teacher ; and a very large proportion of his time is devoted to this 
branch of juvenile investigation. If a command is given, or any 
thing unusual transpires, his eye immediately turns to the coun¬ 
tenance of the teacher, and his obedience or disobedience is the 
result of his observation. Let then the demeanor of the teacher be 
kind and affable, but decisive; and when he speaks, the child de¬ 
termines at a glance, that he dare not disobey. After thorough 
discipline is fully established, the way is then fairly open for the 
inculcation of knowledge, and to the faithful teacher the instruc¬ 
tion of his pupils will become a pleasure, instead of a wearisome 
duty. 

THOMAS II. BENTON, Jr., 
Seci'etary of the Board . 


TEXT BOOKS 


The following list of Text Books is recommended by the com¬ 
mittee of the Board of Education appointed specially for the pur¬ 
pose : 

Spellers . McGuffey’s. 

Readers . do or Sanders’ series. 

Writing . Spencerian System. 

Arithmetic . Ray’s series. 

Algebra . do 

Grammars . Bullion’s. 

Music. Bradbury’s School Music. 

History . Wilson’s. 

Dictionary . Webs ter’s. 

Book-Keeping . Palmer’s. 

Natural Philosophy . Wells’. 

do do . do Science of common things. 

Chemistry . do 

Botany . Gray’s. 

Geometry . Robinson’s. 

Surveying . do 

Physiology . Hooker’s. 

Astronomy .Brocklesby’s. 

Meteorology .. . do 

Geology . Hitchcock. 

Trigonometry .... . Robinson’s. 

The following by the Secretary of the Board of Education: 

Geography . Monteith & McNally’s—Latest edition. 

Note.—S ee part 10. 


























' 

■ 

' 

u<; 

. 




















BLANK FORMS. 


NUMBER 1 . 

Form for notice of an election in new Townships or where a Dis¬ 
trict is left without officers. 

(see 2d clause of section 6, part 8.) 

Notice is hereby given to the qualified electors of Distiict town¬ 
ship of., in the county of., and State of Iowa, 

that an election, for one sub-director in each of the sub-districts of 

said District township, will be held on the.day of. 

18...., at .... o’clock, as follows: 

In sub-district No. 1, at. 

In “ “ 2, at. 

In « « 3, at. 

. 18.... 

A. B., 

C. D., 

E. F., 

Trustees of.township. 

Note. —At least three of the above notices should be posted in 
each sub-district, at least five days previous to the election, and 
such hour should be designated for the meeting, (not earlier than 
9 o’clock, A. M.,) as will best suit the convenience of the people. 
In case there is but one sub-district, give the notice for the elec¬ 
tion of three sub directors instead of one; and in case of a city 
district, give the notice for the election of a President, Vice Pres¬ 
ident, Secretary, and Treasurer and three Directors, at one place, 
instead of in each sub-district. The meeting in each sub-district 
should organize as provided in section 10, of Part 8. 












56 


FORMS. 


NUMBER 2 . 

Form for proceedings of District township meeting. 
(see SECTION 7, OF PART 8.) 


March.,18. 

The electors ot District township of ., in the county of 


.and State of Iowa, assembled pursuant to previous no¬ 
tice. The meeting was called to order by the President. The 
Secretary being absent, A. £>., was appointed Secretary pro tem. 

The order of business was stated by the President. 

On motion of Mr. E., a tax of one half mill on the dollar, was 
voted for the payment of debts for school house purposes. 

On motion of Mr. F., a tax of one fourth of one mill on the 
dollar was voted for payment ot officers and contingent expenses. 

Mr. G. moved that a tax of three mills on the dollar be voted 
for the purpose of raising the respective amounts asked for by the 
sub-districts for school house purposes. Mr. II. moved to amend 
by striking out three and inserting four, which was agreed to, and 
the motion as amended was decided in the affirmative. 

On motion of Mr. E., a tax of one mill on the dollar was voted 
for the payment of teachers. 

Mr. K. moved that a tax of one eighth of one mill on the dol¬ 
lar be voted for purchase of library, fuel and apparatus. Mr. F. 
moved to amend by striking out one eighth, and inserting one 
half, which motion was lost. 

Mr. L. then moved to strike out one eighth, and insert one 
fourth, which was agreed to, and the original motion as amended, 
was decided in the affirmative. 

Mr. II. moved that the various powers conferred by law on the 
district meeting, be delegated to the Board of Directors. After a 
lengthy discussion, the vote was taken, and the motion was lost. 

On motion of Mr. E., the meeting adjourned sine die. 

C. D., 

Attest: President. 

A. B., 

Secretary. 

Note. —The foregoing form is presented with the hope ot aiding 
the inexperienced. Those who are familiar with such duties, may 






FORMS. 


5 1 


adopt or vary it as may seem best. The essential point is, to have 
the proceedings ot the district accurately recorded. Much depends 
upon the minutes of the district meeting, and hence they should 
be correctly kept^ and carefully preserved. It will be seen in the 
foregoing proceedings that the district has voted for the “ school 
house fund” live mills on the dollar, and tor the “ teachers*' tund” 
one mill on the dollar, and the Secretary should certify to the 
County Judge accordingly. 


NUMBER 3. 

Form of notice of annual meeting in sub-districts. 

(see SECTION 9, OF FART 8.) 

Notice is hereby given, that a meeting ot the qualified electors 

of sub-district No., of District township ot., in the 

county of.and State of Iowa, will be held at., 

on the first Monday in March, 18...., at.o’clock, for the 

election of one sub-director, and the transaction ot such other- 
business as may legally come before it. 

. 18.... 

A. B., 

Sub-Director ot Sub-District No. 

Note. In case there is no sub director, the above notice must 
be given by the Secretary of the District township. It must be 
given five days previous to the meeting, and posted in at least 
three public places in the sub-district. The notice should desig¬ 
nate the hour of meeting, (which should not be earlier than 9 
o’clock, A. M.,) distinguishing between forenoon and afternoon. 


NUMBER 4. 

Form for proceedings of annual sub district meeting. 

(see sections 9, 10, and 12, of part 8.) 

March.,18- 

The electors of sub-district No., of District Township of 

8 











58 


FORMS. 


., in the county of., and State of Iowa, met pur¬ 
suant to previous notice; A. B. was appointed Chairman, and C. 
D. was appointed Secretary of the meeting. 

On motion of Mr. E., the meeting proceeded to elect one sub¬ 
director by ballot. Mr. F. H. having received a majority of all 
the votes cast, was declared duly elected sub-director for the en¬ 
suing year. 

Mr. G. offered the following resolution: 

Resolved, That the District township be requested to levy a tax 
on the taxable property of the District township sufficient to raise 
the sum of live hundred dollars for the erection of a school house 
in this sub-district, and the further sum of forty dollars for the 
rent of a school house for the present year, and twenty dollars 
for furnishing same with the necessary appendages, and the sum 
of twenty-five dollars for fuel. 

After some discussion the resolution was adopted. 

On motion of Mr. R. the meeting adjourned sine die. 

A. B., 

Chairman. 

Attest: 

C. D., 

Secretary. 

Note. —The amounts voted by the sub-district, must within five 
days thereafter be certified to the township Clerk, (Secretary of 
the District township) by the sub-director, in order that they may 
be presented to the electors of the District township at its next 
regular meeting thereafter. 


NUMBER 5. 

Form of certificate of election to sub-director. 

(see SECTION 10 OF PART 8.) 

We hereby certify that, at the annual meeting of sub-district 

No., of District township of., in the county of 

., and State of Iowa, held on the first Monday in March, 








FORMS. 


59 


18, A. B. was duly elected sub-director for said sub-district 
for the ensuing year. 

C. D., 

Attest: Chairman. 

E. F., 

Secretary. 

Note.— This certificate slightly varied, will answer in case of 
the election of a sub-director at a called meeting, as per notice in 
form number 1. In both cases, it should be presented by the sub¬ 
director elect, to the Board of Directors of the District township, 
and filed with the President of said district. 


NUMBER 6. 

Form of Oath of Sub Director. 

(SEE SECTION 11 OF PART 8.) 

You do solemnly swear (or affirm , as the case may be ,) that yon 
will support the Constitution of the United States, and the Consti¬ 
tution of the State of Iowa, and that you will faithfully and impar¬ 
tially discharge the duties of Sub-Director of Sub-District number 

.of District Township of.in the County of. 

and State of Iowa, according to law and the best of your abilities* 
Note.— The above is the form of the oath when taken orally. 
Section 58 of Part 8 requires, in case the officer has a written ap¬ 
pointment or commission, that the oath shall be endorsed thereon. 
See form for section above referred to. 


NUMBER 7. 

Form of Certificate of Sub-Director to District Secretai'y. 

(see SECTION 13 OF PART 8.) 


To A. B., 

Secretary of District Township of. 

I hereby certify that the electors of Sub-District No.of 

District Township of.in the County of. and State 










60 


FORMS. 


ot Iowa, at the annual meeting, held on the first Monday in March, 
18..voted the sum of five hundred dollars for the erection of a 
school house, and the further sum of forty dollars lor the rent of a 
school house for the present year, and the sum of twenty dollars 
for lurnishing the same with the necessary appendages, and the 
sum of twenty-five dollars for fuel. 

C. D., 

Sub-Director of Sub-District No. 

. 18.. 

Note. —The Township Cleric is the person designated to whom 
the above notice is to be given, but it should be addressed to him 
as Secretary of the District Township, or to the Secretary, in case 
one should be appointed by the Board of Directors. The form of 
the certificate is not essential, so it sets forth the facts. 


NUMBER 8. 

Form for proceedings of Meeting of the Board of Directors for 
Division of District Township into Sub-Districts. 

(see 12th specification of sec. 16 of tart 8.) 


. 18... 

At a meeting of the Board of Directors ot District Township of 

.in the county of.and State of Iowa, held this 

day, said District Township was divided into Sub-Districts as fol¬ 
lows : 

Sub-District No. 1, to consist of sections one, two, three, ten, 
eleven and twelve; and the north-east quarter of the north-east 
quarter, and fractional lots one and two of section four; and frac¬ 
tional lots one and two of section nine, in township 82 N. of range 
6 W est. 

Sub-District No. 2, to consist of the west half, and the south-east 
quarter, and the west half of the north-east quarter, and fractional 
lots one and two of section five; and fractional lot three of section 
four; and sections six, seven and eight; and fractional lots three, 
four and five of section nine, in township 82 N. of range 6 W. 










FORMS. 


61 


Sub-District No. 3, to consist of the west half, and the south-east 
quarter, and fractional lots one and two of section sixteen; and 
sections seventeen, eighteen, nineteen, twenty, twenty one, and 
fractional lots two, three, four and five of section twenty-two, in 
township 82 N. of range 6 W. 

Sub-District No. 4, to consist of sections thirteen and fourteen ; 
and the east half, and east half of the north-west quarter, and lots 
one, two and three of section fifteen; and fractional lot one of sec¬ 
tion twenty-two; and the east half, and the north-west quarter, 
and fractional lots three and four of section twenty-three; and sec¬ 
tion twenty-four, and the east half and the north-west quarter, and 
fractional lots three, four and five of section twenty-five; and frac¬ 
tional lot one of section twenty-six, in township 82 N. of range 6 W. 

Sub-District No. 5, to consist of the west half, and the south-east 
quarter, and fractional lots two and three of section twenty-six; 
and sections twenty-seven, thirty-four, thirty-five and thirty-six, in 
township 82 N. of range 6 W. 

Sub District No. 6, to consist of sections twenty-eight, twenty- 
nine, thirty, thirty one, thirty-two and thirty-three, in township 82 
N. of range 6 W. 

A. B., 
President. 

Attest: C. D., 

Secretary. 

Note. —l n the foregoing sketch I have imagined a District 
Township composed of a Congressional Township, which is divided 
by a stream that has been regularly meandered by the Government 
Surveyors , and thus the township is rendered partially fractional. 
The stream forms the boundary line of one side of all the sub-dis¬ 
tricts but one. % This may be done in all cases of meandered streams, 
but where they have not been meandered, the government lines 
cross them, and the sub district lines must conform accordingly. 
The phrase “ Congressional divisions of land,” 1 understand to 
mean any tract of land which the Government of the United 
States will sell separate and apart from an adjoining tract. Hence 
an eighty or forty acre tract, or any irregular tract of three, five, 
or of a quarter or less number of acres, which appears on the Gov¬ 
ernment plats as a separate and distinct tract, may be included or 
excluded from a sub-district, as the Board of Directors, in their 
discretion, may deem best. There must also be a plat made of the 


62 


FORMS. 


sub-districts, in accordance with the division made by the Board. 
The plan of division must be recorded in the district records, and 
an attested copy of the record and plat should be filed with the 
County Judge, or Clerk of the Board of Supervisors, as the case 
may be. 


NUMBER 9. 

Form for certificate of Secretary to the County Judge , of per 
centum of tax voted by the Board of Directors. 

(see 14tii specification of sec. 16, of part 8. 

To the County Judge of - County , Iowa : 

I hereby certify that a tax of two mills on the dollar, was this 
day levied by the Board of Directors, on the taxable property of 

District township of.in the county of.and State 

of Iowa for the use ot the “Teachers’ Fund,” as provided in the 
fourteenth specification of section 16, of Part 8, of the School 
Laws. 

A. B., 

Sec’y of District township of. 

. 18.... 

Note. —In case a sufficient tax has previously been voted by the 
district meeting for this purpose, and certified to the County Judge 
as provided in section 23 of Part 8, it will not be necessary for the 
Board of Directors to certify any additional per cent; or if the tax 
has been voted by the district meeting and not certified, then it 
will be proper for the Board to cause the Secretary to certify it, if 
considered sufficient; and if not deemed sufficient, to make such 
addition to it as may be necessary. Tax levied for teachers fund 
is to be uniform throughout the District township. The above 
certificate should be directed to the Board of Supervisors after the 
first Monday in January, 1861. 







FORMS. 


63 


NUMBER 10. 

Form of draft of District President on County Treasurer. 
(SEE SECTION 18 AND 24 OF PART 8.) 

.18. 

To A. B., County Treasurer : 

Please pay to C. D., Treasurer of District township of., 

in the County ot ., and State ot Iowa, the amount of 

taxes levied and collected on account of said district for teachers’ 
fund and school house fund, up to the first Monday of ...., 18... 

E. F., 

Attest: President. 

G. H., 

Secretary. 

Note.— The District Treasurer should present this draft in per¬ 
son, and note carefully the amount of money drawn on account 
ot each fund, and charge himself accordingly. 


NUMBER 11. 

Form of order of District President on District Treasurer. 
(see 8ECTI0N 18, 27 AND 28 OF PART 8.) 


No. . .....18.... 

Pay A. B., or order, the sum of. dollars out of the 


school house fund, for labor performed and materials furnished in 
the erection of a school house (or for fuel, repairs, or rent of a 

school house, as the case may be,) in sub-district number-, of 

District township of., in the county of., and 

State of Iowa, as per contract made with the sub-director of said 

sub-district, on the.day of ., 18. ... 

E. F., 

Attest: President. 

G. H., 

Secretary. 














64 


FORMS. 


Note. —Whenever an order is drawn, it should be registered, as 
per form number 12, and the number, date, in whose tavor drawn, 
on what fund, tor what purpose, and the amount, should immedi¬ 
ately be certified by the Secretary to the Treasurer of the district. 
The above form will answer for an order on the teachers’ fund by 
substituting the words “out of the Teachers’ fund tor services as 
school teacher in sub-district, &c.” 


NUMBER 12. 

Form of Order Register of Secretary and Treasurer. 


Number. | Date. |0n whom drawn.! Fund. I For what purpose. | Ain’t. 


No. 1 

April 7, 

1860 (John Smith. 

“ j A. J. Adams. 

Teachers. 

Teaching School. 

$45 00 

No. 2 

School house. 

Repairs on school house. 

15 00 

No. 3 

“ “ 

“ jJoel B. Young. 

“ “ 

Fuel. 

5 00 

No. 4 

May 10, 
“ 14. 

“ (Thomas Harrison. 

“ “ 

Erection of school house. 

125 00 

No. 5 

“ 1 Sarah Johnson. 

Teachers. 

Teaching School. 

63 74 


Note. —The above form is presented with the view of system- 
izing the matter ot drawing and paying school orders. It is im¬ 
possible to keep a correct account of orders without some such 
method, and it is particularly essential under the present law, 
which requires the Treasurer to make pro rata payments, when he 
has not sufficient funds to pay in full. This register should be 
kept by both the Secretary and Treasurer; the one kept by the 
latter being an exact copy of that kept by the former, and this 
may be easily done if each order, when drawn, is promptly certi¬ 
fied by the Secretary to the Treasurer. Thus each officer will at 
all times be advised of the exact number and amount of out¬ 
standing orders. When an order is paid in full, cause the person 
presenting it, in all cases , to indorse it; and if an order is drawn 
in favor of one person and presented by another, refuse payment 
unless it is properly indorsed. In making partial payments, in¬ 
dorse the amount paid with the date of payment on the back ot 
the order, and take a receipt for the amount paid, which will be 
your voucher in a settlement with the Board. I deem this receipt 
essential—otherwise the Treasurer has nothing to show what dis¬ 
position he has made ot the money. 












FORMS. 


65 


NUMBER 13. 

Form of notice for regular District Meeting. 

(see SECTIONS 6 AND 22 OF PART 8.) 

Notice is hereby given to the qualified electors of District town¬ 
ship of., in the county of., and State of Iowa, 

that the regular meeting of said district will be held at., 

on the second Monday in March, 18...., at .... o’clock, for the 
transaction of such business as may legally come before it. 

A. B., 

Secretary of District township of .... 

.18. 

Note. —The above notice must be posted in five different con¬ 
spicuous places in the district. In city districts, insert immedi¬ 
ately after the word <c for ” in the concluding part of the notice, 
the words “ the election of officers and,” in accordance with the 
provisions of section 2 of Part 19. The law only provides for 
one regular meeting in the district each year, and no authority is 
given for calling a special meeting in an organized district, ex¬ 
cept in city districts, and then only for the election of officers. 

See concluding paragraph of section 2 of Part 19. In all cases 
the meeting should be called at such hour as will best suit the 
convenience of the people, and not earlier than 9 o’clock A. M., 
and should not be permanently adjourned before 3 o’clock, P. M. 


NUMBER 14. 

Form of certificate of Secretary to County Judge of the per centum 
of tax voted by the District township). 

( SEE SECTION 6, THIRTEENTH SPECIFICATION OF SECTION 16, AND SEC¬ 
TION 23 OF PART 8.) 

. 18.... 

To the County Judge of - County , Iowa : 

I hereby certify that, at a meeting of the qualified electors of 

District township of.in the county of.and State 

of Iowa, held on the second Monday in March, 18...., a tax was 
9 











66 


FORMS. 


voted on the taxable property of said district of five mills on the 
dollar on account of school house tund, and one mill on the dollar 
on account of teacher’s fund, and that the tax on account of school 
house fund has been apportioned by the Board of Directors among 
the sub-districts of said District township as follows: 

In sub-district No. 1—Five mills on the dollar. 

“ “ 2—Three “ “ 

“ « 3—One “ “ 

“ “ 4—One and a halt “ 

“ “ 5—One half “ 

A. B., 

Sec’y of District township of. 

Note. —The law only requires that the school house tax shall 
be apportioned. The tax levied for teachers fund is in all cases a 
uniform tax over the entire District township . The above notice 
after the first Monday in January, 1861, should be directed to the 
Board of Supervisors. The law requires the County Treasurer to 
pay over the amount of the tax, which has been collected, on the 
first Monday of April and September of each year. The construc¬ 
tion placed upon this provision by some County Treasurers is, that 
if the money is not paid on the very day specified, it is their duty 
to hold it till the time fixed for the next semi-annual payment 
thereafter. This is a forced construction of the law, and defeats 
its spirit and intent. The provision simply means that the Treas¬ 
urer shall only be compelled to make semi-annual payments. It is 
proper that the District Treasurer should make application on the 
particular days named, but if for any cause he should fail to do so, 
it is the duty of the County Treasurer to pay over the amount then 
due, at any subsequent period when called for. 



Form for Annual Report of Secretary. 

(see section 25 of part 8.) 

Report of the Secretary ot District Township ot.in the County of..and State of 

Iowa, tor the period commencing September 20th, 18.., and ending September 19th, 18. 


FORMS. 


67 


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B51F” See note on next pages 






































































68 


FORMS. 


Note. —The foregoing report should be accurately made and 
promptly filed with the Co. Superintendent; otherwise the Secretary 
is to forfeit for the use of the district the sum of twenty-five dollars , 
and to make good all losses resulting from such failure. By his 
neglect to file it as required, the district may lose its distributive 
share of school money. To ascertain the average compensation 
paid male teachers per week, divide the aggregate amount paid 
them (male teachers) for teaching during the year in the District 
Township, as shown by the reports of the sub-directors, by the 
whole number of male teachers, and the result by the average 
number of weeks the schools have been taught. For instance, 6 
male teachers have been paid the aggregate sum of $1200 00, for 
teaching 24 weeks, being an average of $200 00 each, which divide 
by the number of weeks, and we have $8 33-J as the average per 
week. Make a similar computation for female teachers. To ascer¬ 
tain the average cost of tuition for each pupil per week in the Dis¬ 
trict Township, divide the sum of the average amounts paid per 
week, as reported by the sub-directors, by the number of schools, 
and the result will be the average per week for the district. 


NUMBER 16. 

Form for the Treasurer's account with the Teachers' Fund . 
(see sections 27, 28 and 29 of part 8.) 


1860. 


Dr. 


April 10 
April 10 
Sept. 3 
Sept. 3 


To cash reev’d ot Co. Treas’r on apportionment,i$263|50 
“ “ “ “ “district tax.... 385)00 

“ “ “ “ “fines, &c.I 25|00 

“ “ “ “ “ district tax .... | 174100 


1860. Cr. 


April 13 

By cash paid James Hogan, on order No. 1.... 

$136 

00 

April 13 

u 

Sarah Smith, “ 

“ 3.... 

89 

00 

April 14 

it 

Nicholas Hoover, “ 

“ 4.... 

135 

00 

May 3 

<( 

Louisa Martin, “ 

“ 7.... 

82 

00 

“ 4 

it 

Jas. M. Higgins, “ 

“ 10.... 

115 

00 

“ 4 

it 

Stephen Phelps, “ 

“ 11.... 

175 

00 

“ 5 

it 

Amelia Mason, “ 

“ 13.... 

95)00 




















FORMS. 


69 


Note.— A similar account is to be kept with the school house 
fund, and a statement of the condition of either fund is to be ren¬ 
dered at any time when required by the Board. By keeping a cor¬ 
rect account of the orders, as per form No. 12, the Treasurer will 
know the amount outstanding, and can readily determine what per 
cent on each he can pay with the funds on hand. The above form 
is intended for separate pages opposite each other. 


NUMBER 17. 

Form for list of heads of families and children , to be kept by sub- 

Directors. 

( 8EE SECTION 31 OF PART 8.) 


PARENTS OR GUARDIANS. 

NAMES OF CHILDREN. 

| SEX. 

| AGE. 

John Smith. 

1 Peter Smith. 

Male. 

112 yrs. 

John Smith. 

i Eliza Smith. 

Female. 

llO “ 

James Jones. 

William Jones. 

Male. 

15 “ 

James Jones. 

Charles Peters, (ward) 

Male. 

13 “ 

Anna Byron. 

James Byron. 

Male. 

10 “ 


Note.— The above list should be recorded in a book, and care¬ 
fully preserved with the records of the sub-district. 











Form for Annual Rejport of Sub-Director. 
(see SECTION 31 OF PART 8.) 


FORMS. 


10 


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Length of 

School 

in days. 

1 00 

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53^* See Note on next page. 















































FORMS. 


71 

Note. —The foregoing report should be promptly filed with the 
Secretary of the District Township by th q fifteenth day of Septem¬ 
ber. There will then be only five days for the Secretary to prepare 
and file his report with the County Superintendent. To ascertain 
the average attendance of scholars, divide the sum of the days they 
have been present, by the number of days the school has been 
taught. For instance, a school of 14 scholars has been taught 6 
days. They have been present, as shown by the teacher’s register, 
from 2 to 6 days each, and the sum total of the days they have 
been present is 54, (instead of 84, as it would have been if they 
had all attended regularly ,) which divide by 6, the number of days 
the school has been taught, and the result is 9 as the average atten¬ 
dance, 14 being the regular attendance. To ascertain the average 
cost of tuition per week for each pupil, divide the whole amount 
paid tor teaching the school, by the whole number of scholars, and 
the result by the number of weeks the school has been taught. 
For instance, a school of 60 scholars has been taught 24 weeks for 
$144 00. Divide the amount by the number of scholars, and we 
have $2 40 as the average cost of tuition for each pupil for the 
term, which divide by the number of weeks, and we have ten cents 
as the average per week. 


NUMBER 19. 

Form of Contract for building a school house. 

(see section 32 of part 8.) 

Contract made and entered into between A. B., of the county 
of .... .., and State of Iowa, and C. D., as sub-director of sub¬ 
district number., of District township of., in 

the county of ...., and State of Iowa, and his^successors in office. 

In consideration of the sum of one dollar ra hand paid, the re¬ 
ceipt whereof is hereby acknowledged, and of the further sum of 
five hundred dollars, to be paid as hereinafter specified, the said 
A. B., hereby agrees to build a brick school house and to furnish 
the material therefor, according to the plan and specifications for 
the erection of said house hereto appended, at such point in said 
sub-district as the Board of Directors of said District township 
may designate. The said house is to be built of the best material, 





72 


FORMS. 


in a substantial, workmanlike manner; and is to be completed 
and delivered to the said 0. D., or his successors in office, free 

from any lien lor work done or material furnished, by the. 

day ot. 18.... ; and in case the said house is not fin¬ 

ished by the time herein specified, the said A. B. shall forfeit and 
pay to the said C. D., or his successors in office, for the use of 
said District township (or sub-district , where the tax has been lev¬ 
ied exclusively within its limits ,) the sum of one hundred dollars, 
and shall also be liable for all damages that may result to said 
District township (or sub-district , as the case may bei) in conse¬ 
quence of such failure. 

The said C. D., or his successors in office, in behalf of said 
District township, hereby agrees to pay the said A. B. the sum of 
fifty dollars when the foundation ot said house is finished ; and 
the further sum of two hundred and fifty dollars when the walls 
are up to the square and ready for the roof; and the remaining 
sum of two hundred dollars when the said house is finished and 
delivered as herein stipulated. 

It is further agreed that this contract shall not be sub-let, 
transferred or assigned without the mutual consent of both parties. 

Witness our hands this_day of.,18. 

A. B., 

Contractor. 

C. D., 

Sub-Director. 

This is to certify that the foregoing contract was approved by 

the Board of Directors of District township of., in the 

county of., of the State of Iowa, this.day of 

. 18.... 

E. F., 

Attest: . President. 

G. II., V 
Secretary. 

Note.—T he law authorizes a sub-director to make contracts un¬ 
der such rules and restrictions as the township board may pre¬ 
scribe. Hence in all cases where it becomes his duty to make a 
contract, I consider it proper, in order to avoid all subsequent dis¬ 
pute, that the approval of the Board of Directors should be en- 










FORMS. 


73 


dorsed on the contract betore any work is done under it. In 
building a permanent school house, it is all-important to secure a 
plan of the building, with full specifications as to its dimensions, 
style ot architecture, number and size of windows and doors, 
quality of materials to be used; what kind of roof; number of 
coats of paint; of what material the foundation shall be con¬ 
structed ; its depth below, and its height above the surface of 
the ground; the number and style of chimneys and flues; the 
provisions for ventilation; the number of coats ot plastering and 
style of finish ; and all other items in detail that may be deemed 
necessary. The plan and specifications should be attached to the 
contract, and the whole filed with the Secretary of the District 
township. 


NUMBER 20. 

Form of Bond for performance of Contract. 

Know all men by these presents, that we, A. B. as principal, 

L. M., J. H. and R. S., as securities of the county of ., 

and State of Iowa, are held and firmly bound unto District town¬ 
ship of., in the county of., and State of Iowa, 

in the penal sum of one thousand dollars, for the payment of 
which well and truly to be made, we bind ourselves, our heirs, 
administrators and assigns jointly, severally and firmly by these 
presents. 

The condition of the above obligation is such, that whereas the 
said A. B. has this day entered into a written contract with C. D., 
as sub-director of sub district number., of District town¬ 
ship of., in the county of ., and State of Iowa, 

and his successors in office, for the erection and completion ot a 

school house in said sub-district, by the.day of. 

., 18_, according to the plan and specifications for the 

construction of said house appended to said contract. 

Now therefore if the said A. B. shall faithfully and fully com¬ 
ply with all the stipulations of said contract, then this obligation 
shall be void—otherwise remain in full force and virtue in law. 












74 


FORMS. 


In testimony whereof we have hereunto subscribed our names 
this.day of.,18- 

A. B., 

As principal. 

L. M., 

J. II., 

R. S., 


NUMBER 21. 

Form for Contract between sub-director and teacher. 

(see sections 32, 34 and 41 of part 8.) 

Article of agreement made and entered into between A. B., a 
school teacher, of the county of...,, and State of Iowa, and C. D., 

sub-director of sub-district number., of District township 

of .. in the county of., and State of Iowa, and 

his successors in office. 

The said A. B., hereby agrees to teach the public school in said 

sub district, for the term of.weeks, commencing on the 

.day of., 18...., and that he will faithfully and 

impartially govern and instruct the children and youth who may 
attend the same—that he will refrain from every species of pro¬ 
fanity and improper conduct while in their presence—will insti¬ 
tute no cruel or unusual mode of punishment in the administra¬ 
tion of discipline, and will promptly report to the said C. D., sub¬ 
director aforesaid or his successors in office, the names of all 
scholars who may be guilty of gross immorality or a persistent 
violation of the regulations of said school. The said A. B., fur¬ 
ther agrees that he will strictly conform to the rules and regula¬ 
tions established by the Board of Directors of the District town¬ 
ship aforesaid, for the government of said school, and will faith¬ 
fully perform all the duties required of him by the provisions of 
section forty-one, of Part 8, of the school laws of the State of 
Iowa. 

The said C. D., sub director, as aforesaid, or his successors in 











FORMS. 


75 


office, in the name and in behalf of the District towD9hip afore¬ 
said, hereby agrees to keep the school house in which said school 
is to be taught, in good repair, and to see that it is furnished with 
the necessary iuel and appendages lor the comfort and conven¬ 
ience ol the pupils, and to pay the said A. B. for his services as 

teacher, the sum of.dollars per month of four weeks 

of live school days each, (or per week, as the case onay be,) pro¬ 
vided, that in case the said A. B. should be dismissed Irom said 
school, by the said C. D., or his successors in office, for gross im¬ 
morality or a violation of any of the stipulations ot this contract, 
or in case his certificate- should be revoked by the County Super¬ 
intendent, he shall not be entitled to compensation from and af¬ 
ter 6uch revocation or dismissal. 

In testimony whereof, We have hereunto subscribed our names 
this.day of. 18.... 

A. B., 

Teacher. 

C. D, 

Sub-Director. 

It is hereby certified that the within contract was approved by 

the Board ot Directors of District township ol.in the 

County ol.and State of Iowa, this.day of. 

18.... 

E. F., 

President. 

Attest: 

G. H., 

Secretary. 

Note. —With a little variation the above form will also answer 
for city districts. Let the contract be duly executed and filed with 
the President before the teacher enters upon his duties. Give the 
teacher a certified copy ol the contract it he desires it. 


NUMBER 2 2. 

Form of Lease. 

( SEE SECTION 32 OF FART 8. ) 

Know all men by these presents: That A. B., of the County of 
.and State of Iowa, for the consideration hereinafter men- 











76 


FORMS. 


tioned, does hereby lease unto C. D., sub-director ot sub-district 

number ..of District township of.in the County 

of.and State of Iowa, or his successors in office, for the 

use of said District township for school purposes, the following de¬ 
scribed premises, situate in the County and State aforesaid, to 
wit: (here describe the house and lot or parcel of ground) togeth¬ 
er with all the privileges thereto belonging, for the term of. 

months from the.day of . 18.... 

The said C. D., sub-director as aforesaid, or his successor in of¬ 
fice, hereby agrees to pay the said A. B., for the use of said premi¬ 
ses the monthly rent of .dollars, to be paid at the expira¬ 

tion of this lease. 

In testimony whereof, We have hereunto subscribed our names 
this.day of . 18.... 

Signed in Duplicate. A. B., 

Teacher. 

C. D., 

Sub-Director of Sub-District No. 

Note. —As a matter of safety, the above lease should be execu¬ 
ted in duplicate, one to be held by the sub-director and the other 
by the lessor. The lease should be approved by the Board of Di¬ 
rectors, as in case of a contract, and the duplicate filed with the 
President. 


NUMBER 23. 

Form of Deed. 

(see section 32 of part 8.) 

Enow all men by these presents: That we, James L. Smither 

and Mary E. Smither, his wife, of the County of.and State 

of Iowa, in consideration of the sum of.dollars in hand 

paid, do hereby sell and convey unto District Township of. 

in the County of.and State of Iowa, the following described 

premises situate in the County and State aforesaid, to wit: (here 
describe the premises.) 

And we do hereby covenant with the said District township that 

















FORMS. 


11 


we are lawfully seized of said premises ; that they are tree from 
encumbrance ; that we have good right and lawful authority to 
sell the same; and we do hereby covenant to warrant and defend 
the title to the said premises against the lawful claims ot all per¬ 
sons whomsoever. 

Signed this.day ot.18. 

T ,) JAMES L. SMITHER. 

In presence of ^ MARY E. SMITHER. 


STATE OF IOWA, i 
. County. 


On this.day ot ....... A. D., 18.be¬ 

fore me, a Notary Public in and for said county, personally came 
James L. Smither and Mary E. Smither, his wife, personally to 
me known to be the identical persons whose names are affixed to 
the above deed as grantors and acknowledged the same to be their 
voluntary act and deed. 

—■— ) Witness my hand and seal Notarial this. 

L.S. [ day of.18. 

— f A. B., 

Notary Public. 


Note. —In purchasing grounds lor school house purposes, the 
sub-director should examine the title carefully, and be satisfied that 
it is not defective, and that the property is free from encumbrance. 
Under the laws of our State, the joining of the wife with her hus¬ 
band in the conveyance passes her right of dower, and hence no 
further relinquishment of dower is necessary. Let the property in 
all cases be conveyed to the district in its corporate name. The 
deed should be filed with the President. 


NUMBER 24. 

Form of Bond of Sub-Director. 

(see section 35 of part 8.) 

Know all men by these presents, that we, A. B. as principal, and 

0. D., E. F. and L. M. as securities, of the county of.and 

tate of Iowa, are held and firmly bound unto District Township 













78 


FORMS. 


of..in the county of.and State of Iowa, in the 

penal sum of.dollars, for which payment well and truly 

to be made, we bind ourselves, our heirs, administrators and assigns, 
jointly, severally and firmly by these presents. 

The condition of the above obligation is such, that whereas the 
said A. B. was, on the first Monday in March, 18..., duly elected 

Sub-Director of Sub-District number.of said District 

Township. 

Now, therefore, if the said A. B., as Sub-Director as aforesaid, 
shall faithfully and impartially discharge the duties of his office as 
required bj law, then this obligation shall be null and void—other¬ 
wise remain in full force and virtue in law. 

A. B., 

As Principal. 

C. D., 

E. F., 

L. M., 

As Securities. 

Note. —The foregoing bond should be filed with the President, 
unless given by the President himself as Sub-Director, in which 
case it should be filed with the Secretary of the District Township. 


NUMBER 25. 

Form for notice from County Judge to the President of the District . 

(see section 40 of part 8.) 

OFFICE OF COUNTY JUDGE, ) 
.County,., 18... ( 

To C. D., 

President of District Township of. 

Sir You are hereby notified that, according to the apportion- 
ment of the school money made by the undersigned this day, the 

sum of.dollars is due District Township of.in the 

county of.and State of Iowa, from this office, for which I 

hand you herewith my warrant on the County Treasurer. 

A. B., 

County Judge of.County. 














FORMS. 


79 


NUMBER 26. 

Form for Teacher's Daily Register. 

(see SECTION 41 OF PART 8.) 

teacher’s DAILY REGISTER, FOR THE WEEK COMMENCING MONDAY, 
.18.... 


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Names 

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Monday. 

Tuesday. 

Wednesday. 

Thursday. 

Friday. 

No. of days present. 

Branches 

pursued 
by each 

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i i 

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4 

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Note. —This register may be kept in a temporary blotter, and 
should be posted weekly into the Teachers’ General Register, for 
which see form number 27. The blotter should, however, be 
carefully preserved for reference, in case any inaccuracy should 
subsequently be discovered in the general register. The dash, 
thus —, signifies absent; 1, present; p. f., present forenoon; and 
p. a., present afternoon. 


























FORMS, 


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FORMS. 


81 


NUMBER 28. 

Form, of Teacher's Certificate. 

( see sections 41, 45, 46, 47 and 48 of part 8.) 

Office of County Superintendent of Common Schools. ) 
County of.and State of Iowa. ) 

I hereby certify that I have this day examined the bearer, A. 
B., in Orthography, Reading, Writing, Mental Arithmetic, Writ¬ 
ten Arithmetic, Geography and English Grammar, and also in 
(other branches if any), and find (him or her) competent to teach 
the same, and being fully satisfied that (he or she) possesses a good 
moral character, and the essential qualifications for the govern¬ 
ment and instruction of children and youth, I hereby authorize 
(him or her) to teach in the Public Schools of this County, for the 
period of.from the date of this certificate. 

In testimony whereof, I have hereunto subscribed my name this 
.day of.A. D., 18. 

C. D., 

Co. Supt. of Common Schools. 

Note. —The subject of graded certificates was presented to the 
Board ot Education at its last session, but as that body did not 
think proper to provide lor them by law, I have omitted that par¬ 
ticular feature in the above form. I have no doubt however, but 
a graded certificate is perfectly valid if competency to teach the 
branches specified in the law is made the minimum. The only ob¬ 
jection urged by the committee to whom the subject was referred, 
was, that “ such an enactment would be adding machinery to a 
school system already sufficiently complex.” They say further : 
“Your committee can see no objection to the County Superintend¬ 
ents noting the comparative qualifications of teachers on the cer¬ 
tificates given by them, under the law as it now stands, and are of 
opinion that the whole matter may be safely left to the school 
officers, without further legislation on the part of the Board.” 

It is essential in the examination of a teacher, that he should 
possess first, a good moral character—second, a thorough knowl¬ 
edge of the branches named in the law—and third, the ability to 
govern a school and the faculty ot imparting knowledge. With- 
11 





82 


FORMS. 


out these qualifications, I should not consider an applicant entitled 
to a certificate. A certificate is not valid out of the county in 
which it is given. 


NUMBER 29. 

Form for revocation of Teachers Certificate 
(SEE SECTION 49 OF PART 8.) 

Office of County Superintendent of Common Schools, ) 
County ot.and State of Iowa. j 

To the Several Boards ot School Directors in the County of .. 
.... and State ot Iowa. 

Whereas, the undersigned did on the.day of. 

18.execute and deliver to A. B., a certificate, authorizing him 

to teach in the Public Schools of this County; 

And whereas, upon due examination it has been made to appear 
that the said A. B., in consequence of (here state the offence— 
gross immorality, for example), is unworthy longer to retain the 
same; 

Now, therefore, in pursuance of the provisions of section 49 of 
Part 8, of the school laws of the State ot Iowa, the said certificate 
is hereby revoked. 

In testimony whereot, I have hereunto subscribed my name this 
. day of.A. D., 18. 

C. D., 

County Superintendent. 

Note. —A copy ot the above revocation should be transmitted to 
the Secretary ot each School District, and the Secretary should im¬ 
mediately notity each sub-director in his district of the fact. 









FORMS. 


S3 


N UMBEE 30. 

Form of Oath of School Officers. 

(see section 58 of part 8.) 
STATE OF IOWA, j 


V ss. 


County. 


I, A. B., do solemnly swear (or affirm) that I will support 
the Constitution of the United States, and the Constitution of the 
State of Iowa, and that I will iaithfullv and impartially discharge 
the duties ot (President, Secretary or Treasurer, as the case may 

be,) ot District township of.in the County of.and 

State ot Iowa, according to law and to the best of my abilities. 

A. B. 

Subscribed and sworn to before me this.day of. 

A. D., 18. 

C. D., 

Justice of the Peace. 


NUMBER 31. 

Form of notice for a Special Meeting of the Electors of a sub- 

District. 

(see sections 65 and 66 of part 8.) 

Notice is hereby given, that a special meeting of the qualified 

electors ot sub-district number., of District township of, ... 

_in the County of.and State of Iowa, will be held at 

.. on the second Monday in July 18., at_o’clock, 

for the purpose of determining whether a tax shall be levied on 
the taxable property of said sub-district, for the payment of debts 
and the erection of a school house therein. 

A. B., 

Sub-Director of Sub-District No. .... 

. 18.... 

Note. —The above notice must be given at least ten days previ- 
vious to the meeting, and must be posted in at least three conspic¬ 
uous public places in the sub-district, and should state the hour of 
meeting (which shall not be earlier than 9 o’clock, A. M.,) distin¬ 
guishing between forenoon and afternoon. 














84 


FORMS. 


DUMBER 32. 

Form for proceedings of a Special Sub-District meeting. 
(see section 67 of part 8.) 


.18.... 

The qualified electors of sub-district number.of District 

Township of. in the county of.and State 

of Iowa, met agreeable to previous notice at. 

The meeting was called to order by A. B., Sub-Director, and on 
his motion C. D. was appointed Chairman and E. F. Secretary. 
Mr. H. offered the following preamble and resolution: 

Whereas, District Township of.in the county of. 

and State of Iowa, has neglected (or refused as the case may be,) 
to make adequate provision for school house purposes in this 
sub-district, after being requested by a vote of the electors of this 
sub-district, at its annual meeting in March, 18...., so to do ; 
therefore, 

Resolved , That a tax of five mills on the dollar for the erection 
of a school house, and one mill on the dollar on account of the 
teachers fund for the payment of debts contracted prior to the 
organization under “An Act for the Public Instruction of the State 
of Iowa,” approved March 12th, 1858, be voted on the taxable 
property of this sub-district. 

On motion of Mr. B. said resolution was adopted. 

On motion of Mr. C. the meeting adjourned sine die. 

C. D., 

Attest: Chairman. 

E. F., 

Secretary. 

JSTote. —Each sub-district should be provided with a record book, 
which should be preserved by the sub-director, and the proceedings 
of all meetings, both regular and special, should be carefully re¬ 
corded in it. Sub-districts are only allowed to hold two meetings 
in any one year—the annual meeting on the first Monday in March, 
and the special meeting on the second Monday in July. After the 
first Monday in January, 1861, the special meeting will be held 
on the first Monday in May. See section 3 of Part 9. In case 








FORMS. 


85 


any portion of the tax for payment of debts, is on account of the 
school house fund, the amount should be specified in the resolution 
before the vote is taken. 


NUMBER 33. 

Form for notice of jpe/r centum of tax from the Sub-Director to 
the Secretary . 

(see section 68 of part 8.) 


. 18.... 

To the Secretary of District Township of. 

I hereby certify, that at a meeting of the electors of sub-district 

number., of District Township of., in the county 

of., and State of Iowa, held on the.day of. 

18..a tax of five mills on the dollar for the erection of a school 
house, and of one mill on the dollar on account of teachers’ fund, 
for payment of debts, as provided in section 67 of Part 8, of the 
school laws, was voted on the taxable property of said sub district. 

A. B., 

Sub-Director of Sub-District No. 

Note. —The above certificate must be made within ten days after 
the tax is voted. If any portion of the tax voted for the payment 
of debts, is on account of school house fund, the notice should 
specify the amount. 


NUMBER 34. 

Form for certificate of Secretary of per centum of tax voted by a 
Sub-District . 

(see section 68 of part 8, and section 1 of part 9.) 

. 18.... 

To A. B., 

County Judge of.County. 

I hereby certify, that at a meeting of the electors of sub-district 
number., of District Township of., in the county 
















86 


FORMS. 


ot., and State of Iowa, held on the.day of., 

18.. .a tax of five mills on the dollar on account of the school 
house fund, and ot one mill on the dollar on account of the teachers’ 
lund, was voted on the taxable property ot said sub-district, in con¬ 
formity with the provisions of section 67 of Part 8, of the school 
laws. 

A. B., 

Secretary of District Township of. 

Note. —The provision of section 68 of Part 8, requiring the 
above certificate to be rendered within twenty days, is repealed by 
the provision of section one of Part 9, requiring it to be done within 
ten days after the receipt of the notice from the Sub-Director. 
This change was made in order that the County Judge might, 
without failure, receive the notice in time to levy the tax this year, 
and also in view of the change in county government which is to 
take place in January, 1861. After the present year, the Board 
of Supervisors will meet on th q first Monday in June to levy taxes, 
and the sub-district meeting will be held on the first Monday in 
May , and hence it would not be safe to allow more than ten days 
for the notice, which is applicable to the present, as well as any 
future year. 


NUMBER 35. 

Form for order of Sub-Director on County Treasurer . 

(see section 70, of part 8.) 

. 18.... 

To A. B., 

Treasurer of.County. 

Please pay to C. D., Treasurer of District Township of. 

in the county of.and State of Iowa, the amount ot taxes 

levied and collected on account of sub district number., of 

said District Township, for teachers’ fund and school house fund, 
up to the first Monday of., 18... 

E. F., 

Sub-Director of Sub-District No. 

Note.— The District Treasurer should open a separate account 
with each sub-district, for all moneys received on the ioregoing 
order. The lunds belonging to any sub-district are to be paid out 
only upon the order of the President of the District Township 
countersigned by the sub-director, as per form 36. 














FORMS. 


87 


NUMBER 36. 

Form for order of President and Sub-Director on District Treas¬ 
urer, 


(see section 70 of part 8.) 


No. 

To A. B. 


18 .... 


Treasurer of District township of. 

Pay C. D., or order the sum of.dollars out of the school 

house fund (or Teachers fund) belonging to sub district number 

.of District township of.in the County of. 

and State of Iowa, for labor performed and materials furnished in 
the erection of a school house (or for wages of teacher, repairs, 
fuel or rent as the case may be,) in said sub-district, as per contract 
made with the sub-director thereof, on the.day of. 


18 


Attest: 

G. H., 

Sub-Director. 


E. F., 

President. 


Note. —The above order should be registered by the Sub-Direc¬ 
tor ( as per form number 12,) and immediately reported to the 
Treasurer, and by him registered in like manner. The address 
in the order in form number eleven was incidentally omitted. It 
should be the same as in form 36. 


NUMBER 37. 

Form for certificate of appointment of School District Officers, 

(SEE THE EIGHTH SPECIFICATION OF SECTION 16, AND SECTION 35 OF PART ?, SECTION 
2 OF PART 9, AND SECTION 2 OF PART 19. 


.18.... 

To A. B. 

You are hereby notified, that at a meeting of the Board of 

Directors of District Township of., in the county of., 

and State of Iowa, held on the.day of., 18.you 


















88 


FORMS. 


were duly appointed (here name the officer) in and for said District 
Township, to fill the vacancy occasioned by the (here state the 
canse of the vacancy) of L. M. 

C. D., 

Secretary of District Township of. 

Note. —For the appointment of Sub-Director, insert in the above 

form the words “ Sub-District number.of” immediately 

after the word “ for.” The oath of office of the person appointed 
must be endorsed upon the foregoing certificate. 


NUMBER 38. 

Form of application for a Teachers ’ Institute. 

(see SECTION 1, OF PART 15.) 

Office of Co. Superintendent of Common Schools, ) 
.County, ., 18... j 

To the Secretary of the Board of Education: 

From satisfactory evidence on file in this office, I hereby cer¬ 
tify, that not less than thirty teachers desire to assemble at. 

in the county aforesaid, on the.day of., 18_, 

for the purpose of holding a Teachers’ Institute, to remain in ses¬ 
sion for a period of not less than six working days; and that they \ 
suggest A. B., C. D. and E. F. as lecturers. 

In testimony whereof I have hereunto subscribed my name the 
day and year first above written. 

G. R., 

Co. Sup’t of Common Schools. 

Note. — I would suggest that the proper mode of procedure will 
be for the teachers to circulate a petition, and after they have pro¬ 
cured the requisite number of signatures, let it be filed with the 
County Superintendent, as the basis of his application to this office. 

I do not conceive it to be necessary that all who sign the petition 
should be residents of the county—that they purpose attending 
the Institute, if in their power so to do, is sufficient, without any 
regard to residence, so it is within the State. The Institute, how¬ 
ever, is designed especially for the benefit of the teachers of the 









FORMS. 


89 


county in which it is held. The law appropriates the sura of fifty 
dollars annually to each county which can, in good taith, secure 
the requisite number of teachers. 

I would embrace this opportunity of saying to County Superin¬ 
tendents, that in order to carry out the provisions of the present 
law, they should file with the County Judge and County Treasurer, 
on the first Monday of April and September of each year, a list of 
the names of all district and sub-district officers in the county, to. 
gether with the post-office address of each of the Presidents ; and 
to enable them to do so, they should require the respective district 
Secretaries to furnish them such information, and to notify them 
from time to time, of any change that may be made by resignation 
or otherwise. 

12 


INDEX 


ACTS OF THE BOARD— 

To be correctly enrolled. 

Shall be signed by the President. 

Certificate ot Secretary to be appended. 

When to take effect. . 

APPEALS— 

May be taken to County Superintendent. 

Basis of proceedings to be an affidavit. 

Affidavit to set forth errors complained of. 

County Superintendent to notify Sec’y ot the district.. 
Sec’y to tile transcript of proceedings with Co. Supt.. . 
Co. Sup. to notify adveise parties of time and place ot 

hearing. 

Co. Sup. to take testimony and administer oaths. 

His decision final unless appealed from. 

May be taken from County Superintendent to Secretar) 

of Board ot Education. . 

Decision of Secretary to be final. . 

Co. Supt. or Secretary of Board of Education not to 

render judgment for money. 

Postage to be paid by aggrieved party. 

AUDITOR OF STATE— 

To Purchase Webster’s Dictionary tor schools. 

To designate points of delivery. . 

To notify State Treasurer of number purchased. 

Shall receive no compensation therefor. 

BIBLE— 

Not to be excluded from schools. 

No pupil to read it contrary to wish of parent. 

BOARD OF EDUCATION— 

Educational interests ot State under management of.. . 

Lieutenant Governor the presiding officer. 

Eligibility of members. 


S 

1 

1 

2 

3 


P 

3 

3 

3 

3 


1 

2 

3 

4 
4 


27 

27 

27 

27 

27 


5 27 

6 27 

6 27 

7 27 

7 27 

8 28 
8 28 


4 41 
4 41 
4 41 
8 1 


1 7 
1 7 


1 43 

1 43 

2 43 


























INDEX. 


91 


# 

Members how chosen. . 

First session, time and place of. 

Sessions limited to twenty days. 

Governor may call special sessions. 

Shall appoint a Secretary. 

Keep journal of their proceedings. 

Rules and regulations published and distributed. 

Rules and regulations t#have effect of law. 

Have full power to legislate in relation to com. schools. 
Acts of, when amended or repealed by General Assem 

bly, not to be re-enacted. 

The Governor ex-officio member. 

No power to levy taxes or appropriate money. 

Contingent expenses how provided for. 

Provide tor a system of common schools. 

Per diem and mileage ot members. 

Majority of, a quorum. 

Majority of all members required to pass bills. 

General Assembly may abolish or re-organize. 

BOARD OF DIRECTORS— 


S 


P 


3 

4 

5 

5 

6 
6 
7 

7 

8 


43 

43 

43 

44 
44 
44 
44 
44 
44 


8 

9 

10 

10 

12 

13 


44 

44 

44 

44 

44 

44 

45 
45 
45 


May appropriate Temporary School Fund for Library, 

Township Clerk shall be Secretary of. 

Regular meeting ot, when held. 

Shall elect a President and Treasurer. 

Secretary to preside in absence of President. 

Consult with Co. Supt. before erecting school house. 1st 


To make contracts and purchases. “ 

Admit pupils not belonging to the district.2d 

Determine the number of schools.3d 

Fix site for school house.4th 

Establish graded or union schools.5th 

Determine the branches to be taught.6th 

Require Secretary and Treasurer to give bond.7th 

Bond to be filed with President.7th 

Shall fill vacancies in the Board.8th 

To examine accounts of, and make settlement with 

Treasurer.9th 

Present statement of expenses to district meeting. .9th 

To audit and allow claims against district.10th 

Fix compensation of Secretary and Treasurer.10th 

To visit schools ot the district.lltli 

Shall divide district into sub districts.12th 

Make plat and record thereof.12th 

May change boundaries of sub-districts.12th 

Record to be made in office ot County Judge.12th 

Shall apportion tax for school house purposes.13th 

Estimate per centum of tax for Teachers’ fund.... 14th 


16112 
16 [ 12 
16 j 12 















































92 


INDEX. 


Majority to be a quorum. . 

Vote ot majority ot all the members necessary to levy 

tax, or change boundaries ot sub-districts. 

May employ counsel in suits. 

Responsible for contracts ot sub-director. 

May expel teachers trom school. 

How constituted when there is but one sub-district. 

May till vacancy in office of Secretary. 

In township districts, not to have jurisdiction in city 

districts. 

May appoint Secretary from district at large. 

To pay off and satisfy judgments against the district.. 

In city districts, how constituted. 

At first election, how elected. 

Term of office of directors, how determined.. 

May regulate and determine the number of schools... . 

Annual election of. 

Who to act as judges of the election. 

May fill vacancy by appointment. 

May purchase Webster’s Unabridged Dictionary. 

BOARD OF SUPERVISORS— 

To be substituted for County Judge. 

Levy tax to pay loans to school districts. 

May extend time of loan. 

CIRCULAR— 

Of Secretary of Board of Education. 

CLERK OF BOARD OF SUPERVISORS— 

To be substituted for County J udge.... 

CONTRACTS— 

To be made through sub director.|32jl5 

Reported to Board of Directors. 

Board of Directors responsible therefor. 

With teachers to be in writing. 

To be signed by sub-director and teacher. 

To be approved by, and filed with President. 

COUNTY JUDGE— 

To publish laws in newspapers. 

Amount for printing same, how allowed. 

To preserve one newspaper containing same. j 4 

Shall levy tax certified by Board of Directors.16 

To levy tax certified by Secretaiy.|23 

Levy tax on sub-district certified by sub director.. 

On property of County for school purposes. 

To apportion tax, interest, &c., among school districts, 

Shall notify Presidents of amounts due their respective 

districts. 

Shall issue warrants on County Treasurer for same_ 


s 

P 

17 

12 

17 

12 

19 

13 

32 

15 

49 

19 

54 

20 

55 

20 

64 

22 

2 

24 

1 

26 

3 

37 

3 

37 

4 

38 

5 

38 

2 

39 

2 

39 

2 

40 

1 

40 

3 

24 

2 

26 

2i26 


4T 

3 

24 

I32 

15 

32 15 

32 

15 

34 

16 

34 

16 

34 

16 

2 

5 

3 

5 

1 4 

5 

16 

12 

*23 

13 

36 

16 

38 

16 

,39 

s 

16 

40 

17 

40 

17 














































INDEX. 


03 


COUNTY SUPERINTENDENT— 


Annual report to County Judge. 

Shall be elected, term of service. 

Time of election... 

Election returns, how made. 

Present incumbents to serve until successors are elected 

and qualified. 

Compensation alter taking effect of present law. 

Time of taking oath of office. 

Failure to qualify to create a vacancy.... 

Appointed by County Judge to fill vacancy. 

Person appointed to qualify in like manner. 

Continue in office till next general election. 

To examine teachers. 

May employ one or more assistants. 

To give certificate if examination is satisfactory. 

To register names of persons receiving certificates and 

of those rejected. 

To meet persons desiring to be examined. 

Shall notify Co. Judge ol place of meeting. 

Fee of applicant if examined at any other time. 

Shall appoint deputies to examine. 

Shall issue certificates to persons recommended by his 

deputies. 

May revoke certificate of teacher. 

Annual report to Secretary ol Board of Education.... 

Shall suggest improvements in school system. 

File abstract of number of children with Co. Judge.. . 

Forfeiture in case of failure to make either report. 

Liable for all damages caused by such neglect. 

Shall conform to instructions of Secretary of the Board 

of Education. 

Organ of communication between Secretary and school 

authorities. 

Shall transmit circulars, &c., to officers and teachers.. . 
Entertain and decide appeals from District Boards.... 

Compensation of. 

Sworn statement of account to be filed with Co. Judge 

To notify Secretary of district of appeal taken. 

To attend meetings called by Secretary of Board of Ed¬ 
ucation ... 

Transmit recommendation of text books, &c., to Presi¬ 
dents of District Boards. 

COUNTY COLLECTOR— 

To collect school district taxes—last clause. 

To collect district taxes in same manner as county taxes 
Shall pay amount collected to District Treasurer...... 


39 

42 

43 
43 


17 

18 
18 
18 


43 

43 

44 
44 
44 
44 

44 

45 

45 

46 


18 

18 

18 

18 

18 

18 

18 

18 

18 

18 


46 

47 
47 

47 

48 


18 

18 

19 

19 

19 


48 

49 

50 
50 

50 

51 
51 


19 

19 

19 

19 

19 

19 

19 


52 


19 


52 

52 

52 

53 
53 

4 


19 

20 
20 
20 
20 
27 


14 


30 


16 


30 


23 

24 


12 

13 

13 







































94 


INDEX. 


Render statement of amount uncollected. 

To collect and pay over remainder. 

Shall collect county school tax.. 

FINES AND PENALTIES— 

To be apportioned separately by County Judge. 

May be appropriated for district library.... .. 

Sub-director liable to. 

Of Secretary of the district for failure to report. 

Of Co. Supt. for failure to make reports. 

Of any school officer for* failure to deliver books, pa 

pers, &c., to his successor. 

To whom they shall enure. 

Suit to be brought for collection of. 

Constitutional provision concerning. 

GENERAL ASSEMBLY— 

To fix time and place for meeting of Board of Education 

May alter or repeal acts of Board of Education. 

To provide for expenses of Board of Education. 

May abolish or reorganize-Board of Education. 

To control school funds and lands. 

Shall encourage education. 

To provide for sale of University and school lands.. .. 

To provide for security of University funds. 

To provide for distribution of proceeds of school fund 
OFFICERS— 

To continue in office until successors are elected. 

Shall take an oath of office. 

Shall deliver books, papers, money, &c., to successors.. 

Liable to fine for failure 80 to do. 

PRESIDENT OF THE DISTRICT— 

To preside at all meetings of Board and District. 

Draw drafts on County Treasurer. 

Sign contracts and orders on District Treasurer. 

To appear for district in suits. 

To sign warrants issued by County Judge. 

SALINE LANDS AND FUNDS— 

Appropriated to State University. 

Proceeds, how disposed of. 

Funds to be paid to Treasurer of University. 

To be invested as University fund. 

SCHOOL DISTRICTS— 

Composed of civil township. 

Scholars in one may attend school in another. 

Made a body corporate. . 

May hold property. 

Be a party to suits and contracts. 

Regular meetings of, when held. 


s 

ip 

24jl3 

24 14 

38 il6 

1 

4 

2 

5 

11 

10 

20 

14 

51 

19 

59 

21 

60 

21 

60 

21 

4 

45 

4 

43 

8 

44 

10 

44 

14 

45 

1 

45 

3 

45 

5 

46 

5 

46 

7 

46 

57 

20 

58 

20 

59; 

i 21 

59 ' 

21 

18 

12 

18 

12 

18 

12 

19 

12 

40 

17 

1 

36 

1 

37 

2 

37 

2 

37 

1 1 

8 

3 

8 

5 

1 8 

5 

8 

5[ 8 

6| 8 













































INDEX. 


95 


flow organized in new townships. 

Procedure when left without officers. 

When divided into two townships, existing Board to act 

for both. 

Meeting of electors how organized. 

May adjourn from time to time. 

May levy a tax not exceeding one per cent. 

Tax for building school houses to be levied at regular 

meeting in March. 

Not to exceed five mills for school house purposes. 

May direct the sale of property of the district. 

May provide lor payment of debts. 

May delegate powers to Board of Directors. 

Order of business. 

Divided into sub districts. 

School moneys apportioned among. 

Composed of two or more townships. 

Electors of to determine what text books shall be used 

in schools of the district. 

Judgment against, how provided for. 

Money borrowed by, of school fund, how paid. 

May be separately organized in towns and cities. 

Sense of the people in such case, how taken. 

Question determined by vote ol a majority. 

First election of officers, how conducted.. 

After first election, one director chosen annually. 

May have any number of schools. 

Portion of city or town in different township, how dis¬ 
posed uf. 

Remainder of township a separate district. 

Regular meeting of in city districts. 

Officers of, how chosen. 

Hour of meeting prescribed by Sec. of B’d of Education 
SCHOOL MONTH— 

Shall consist of four weeks of five days each. 

SCHOOL OFFICERS— 

Election and acts of legalized 


Election and acts of legalized 


SECRETARY OF THE BOARD OF EDUCATION 

Certificate of appended to laws. 

Shall forward a copy of laws to County Judge. ... 

May make needful rules and regulations. 

Elected at each regular session of the Board. 

Shall give bond to State of Iowa. 

To take and subscribe oath of office. 

Shall keep journal of the Board. 

Shall cause acts of the Board to be printed. 


s 

P 

6 

8 

6 

8 

6 


7 

9 

7 

9 

7 

9 

7 

9 

7 

9 

7 

9 

7 

9 

7 

9 

8 

9 

16 

11 


17 

63 

21 

1 

25 

1 

26 

2 

26 

1 

37 

2 

37 

3 

37 

3 

37 

4 

38 

5 

38 

6 

38 

8 

39 

2 

39 

2 

39 


50 

56 

20 

1 

4 

1 

6 

2 

3 

1 

5 

62 

21 

1 

28 

2 

28 

3 

28 

4 

29 

5 

29 

















































96 


INDEX. 


Append certificate of authentication to laws. 

Shall have journal printed in like manner. 

Transmit laws to County Superintendents. 

Preserve copies of laws and journals in his office. 

Forward journals to members of the Board. 

Also to Co. Supts. and County Judges. 

Distribute laws and journals to every organized county. 

Office to be provided lor at the Capitol. 

To file papers and public documents. 

To have supervision of school system. 

Shall meet Co. Supts. in Judicial Districts. 

Shall visit schools of the State. 

Recommend text books and books for district libraries. 

Cause school laws to be printed when necessary. 

Report number of children to Auditor. 

Report to General Assembly and Board of Education.. 

Compensation and clerk hire. 

Vacancy in office how filled. 

Give notice for meeting of Teacher’s Institutes. 

Receipt tor and distribute dictionaries. 

Provisions of constitution concerning. 

Circular of. .. 

SECRETARY OF THE DISTRICT— 

Ex-officio librarian. 

To give bond to the district. 

To perform duties of President in his absence. 

To appear in suits against President. 

Record all proceedings of Board and District. 

Preserve copy of reports to County Superintendent.. . 

Shall file all official papers transmitted to him. 

Countersign drafts, warrants and orders. 

Keep an account of all expenses of the district. 

Shall give ten days notice of all meetings... 

Notice to state the hour of meeting. 

To certify the per centum of tax to Co. Judge. 

To file report with County Superintendent. 

Forfeit for failure so to do. 

To countersign warrants drawn by County Judge. 

Keep separate accounts with respective funds. 

Shall charge Treasurer of district with warrants drawn 

in his favor. 

Credit Treasurer of dist. with warrants drawn on funds 

in his hands. 

Vacancy in office of, how filled. 

To certify tax voted by sub-district, to Co. Judge .... . 

Compensation therefor. 

Appointed from the district at large. 


s 

IP 

6 

29 

7 

29 

8 

29 

9 

29 

9 

29 

10 

29 

11 

29 

12 

29 

12 

29 

13 

30 

14 

30 

15 

30 

16 

30 

17 

30 

18 

31 

19 

31 

20 

31 

22 

32 

1 

32 

5 

41 

6 

44 


47 

3 

5 

16 

11 

18 

12 

19 

13 

20 

13 

20 

13 

20 

13 

20 

13 

21 

13 

22 

13 

22 

13 

23 

13 

25 

14 

26 

14 

40 

17 

40 

17 

40 

17 

40 

17 

55 

20 

1 

24 

68 

23 

2 

24 















































INDEX. 


To quality within ten days after appointment. 

To give casting vote in district Board. 

To file transcript with Co. Supt. in case of appeal. 

Annual election of, in city districts. .. 

STATE UNIVERSITY— 

Object of. 

Collegiate department attached. 

President, Professors and tutors, how elected. 

Normal department. 

Governed by Board of Trustees. 

Not controlled by any religious denomination.... 


of. 


Duties of Secretary of Board of Trustees. 

Duties of Treasurer. 

Treasurer to take oath and give bond.... . 

Librarian to have charge of Library. 

Immediate government intrusted to faculty. 

Treasurer to keep account of sales of land. 

Sales of land, when not to be made. 

Saline lands and funds appropriated to. 

Established at one place without branches. 

University lands and proceeds,permanent fund for use of 
Interest arising from same to be annually appropriated to 
SUB-DISTRICTS— 

Organized under former law continued. 

Schools to be taught in, 24 weeks each year. 

Scholars in one may attend school in another. 

Annual meeting of, when held. 

Five days notice of same to be given. 

Organized by appointment of chairman and Sec’y. 

Chairman and Secretary to act as judges of election.. . 

To issue certificate to director elect. 

Electors to determine whether they desire a tax levied. 

Boundaries of to conform to government surveys. 

Boundaries, how changed. 

May control funds belonging to. 

When but one in township, to elect three directors.... 

Composed of parts of two or more townships. 

. May hold special meeting. 

May vote tax for school house purposes and debts. 

List of property owners in, certified to Secretary. 

Tax levied in, how certified to county Judge. 

Portion of in different townships, how disposed of. 

SUB DIRECTORS— 

When elected. 

Shall qualify within ten days. 



97 

s 

P 

2 

24 

2 

24 

4 

27 

2 

39 

1 

33 

2 

33 

2 

33 

2 

33 

3 

33 

5 

34 

6 

34 

7 

34 

7 

34 

7 

14 

7 

34 

8 

35 

12 

35 

13 

35 

1 

36 

11 

44 

2 

45 

2 

45 

1 

8 

2 

8 

3 

8 

9 

9 

9 

9 

10 

10 

10 

10 

10 

10 

12 

10 

16 

12 

17 

12 

37 

16 

54 

20 

63 

21 

65 

22 

67 

22 

68 

23 

1 

24 

1 

26 

9 

9 

11 

10 












































98 


INDEX. 


Certify tax desired by sub-district to Secretary. 

Member of the Board of Directors. 

Record list of heads of families, &c. 

Annual report to Secretary of the district. 

Make contracts and employ teachers in sub-districts.. . 

Shall report contracts to Board of Directors. 

May dismiss pupils from school.. 

Shall visit schools in sub-district. 

To sign contract with teacher. 

Collect taxes and debts due his sub-district. 

Settle business unfinished under old organization. 

How to apply funds belonging to sub districts. 

Shall file bond with President. 

May certify taxes due sub-district to County Judge.... 

Shall call meeting of electors of sub-districts. 

To give ten days previous notice of same. 

Certify tax voted by sub district to Secretary. 

To lurnish Secretary with list of property owners. 

Sign order on Co. Treasurer for taxes collected. 

TEACHERS— 

To sign contract with sub-director . 

Not to be employed without certificate. 

No certificate valid more than one year. 

Teaching without certificate to forfeit compensation.... 

Shall keep a correct register of the school. 

When scholars reside in different districts, registers to 

be kept for each district... 

File certified copy of register with Sec’y of Board. 

On satisfactory examination to receive certificate. 

TEACHER'S INSTITUTES— 

Provision for holding one annually in each organized 

County. 

TEMPORARY SCHOOL FUNDS— 

Flow apportioned and appropriated. 

TEXT BOOKS— 

List of . 

TOWNSHIPS— 

Declared school districts. 

In unorganized counties, attached for school purposes... 

With one sub-district, three directors elected,. 

Persons elected and township clerk to constitute Board 

of Directors. 

TOWNSHIP CLERK— 

Made Secretary of Board of Directors. 

Member of the Board of Directors . 

TREASURER OF DISTRICT— 

To give bond. 


IS 

P 

113 

10 

14 

10 

31 

15 

31 

15 

32 

15 

32 

15 

33 

15 

33 

15 

34 

16 

35 

16 

35 

16 

35 

10 

35 

16 

36 

16 

65 

22 

66 

22 

68 

23 

68 

23 

70 

23 

34 

16 

41 

17 

41 

17 

|4i 

17 

41 

17 

41 

18 

41 

18 

46 

18 

1 

32 

1 

4 


53 

1 

8 

4 

8 

54 

20 

54 

20 

14 

10 

54 

20 

16 

11 












































INDEX. 


Hold moneys belonging to the district. 

Pay the same out on the order of the President. 

Keep separate accounts with school house and teacher’s 

fund. 

Shall make partial payments on warrants. 

To receive all moneys belonging to the district. 

Render a statement of the finances of the district. 

His books shall always be open for inspection. 

Shall settle with County Treasurer and receive moneys 

due sub-district. 

Shall draw money apportioned to dist. by Co. Judge... 

Annual election of, in city districts. 

TRUSTEES OF STATE UNIVERSITY— 

Board to consist of seven persons. 

Elected by Board of Education. 

Time of holding office. 

Per diem and mileage of. 

To appoint Secretary, Treasurer and Librarian . 

Determine the departments of the University. 

Prescribe course of instruction. 

Confer degrees and grant diplomas. 

Enact laws to govern the University. 

Elect President, Professors and Tutors. 

Determine amount of their respective salaries. 

May remove officers.. . 

May prescribe fees for tuition. 

Purchase of apparatus, library and Cabinet of Natural 

History. 

First meeting of the Board when held. 

Annual meetings, when held. 

President of Board of Education may call special 

meeting. 

Board may fill vacancies. 

May order sale of University lands at regular meeting 
Members of Board not to purchase University lands... 

, May invest surplus income in State Stocks. 

Report to General Assembly and Board of Education.. 
To expend a portion of the proceeds of Saline lands... 
TRUSTEES OF CIVIL TOWNSHIP— 

Shall give notice of district meeting... 

Perform duties of municipal authorities. 

UNORGANIZED COUNTIES— 

Regarded as forming part of organized county to which 

they are attached. 

WEBSTER’S DICTIONARY— 

Board of Directors may purchase... 

Secretary of District to certify number of copies. 



99 

s 

P 

27 

14 

27 

14 

28 

14 

28 

14 

29 

15 

30 

15 

30 

15 

35 

16 

40 

17 

2- 

39 

3 

33 

3 

33 

3 

33 

4 

34 

7 

34 

8 

34 

8 

35 

8 

35 

9 

35 

9 

35 

9 

35 

9 

35 

9 

35 

10 

35 

11 

35 

11 35 

11 35 

11 35 

13|35 

13 

36 

13 

36 

14 

36 

1 

37 

6 

8 

1 

39 

61 

21 

1 

40 

2 

40 










































100 


INDEX. 


Manner of payment for. 

Auditor ot State directed to purchase of publishers... . 

To be latest edition of. 

Where delivered. 

Secretary ot Board of Education to distribute to Coun¬ 
ty Superintendents. 

County Superintendents to distribute to districts. 

In what manner kept. 

Officers not allowed compensation. 

Amendment to act relating to. 


S 

3 

4 
4 

4 

5 

6 

7 

8 
1 


/ 












NAMES OF 


COUNTY SUPERINTENDENTS OF COMMON SCHOOLS 

ELECTED IN 1859, WITH THEIR POST-OFFCES. 


Adair.George W. White... 

Adams.Reuben Aldridge.... 

Fontenelle. 

Alamakee.R. C. Armstrong.. .. 

Appanoose.. 

Waukon. 

Audubon.L. B. Montgomery... 

Benton.Amos Dean. 

Exira. 

Vinton. 

W aterloo. 

Boonsboro. 

Fredrica. 

Shell Rock. 
Quasqueton. 

Black Hawk. 

Boone. 

Bremer. 

Butler. 

Buchanan. 

Bnena Vista. 

Truman Steed. 

C. W. Williams. 

G. T. Saylers. 

Rev. J. R. Dean. 

Bennett Roberts. 

Calhoun. 

Carroll. 

Cass. 

Charles Amy. 

William H. Price.... 
W. S. Newlon. 

Lake City. 

Carrollton. 

Lewis. 

Tipton. 

Clear Lake. 

Cedar. 

Oerro Gordo. 

Cherokee 

James McClung. 

John M. Brainard ... 

Chickasaw. 

Clay . 

G. J. Tisdale. 

Fredricksburgh. 

Clarke. 

Clayton. 

Clinton. 

Crawford. 

Dallas. 

Davis 

A. H. Burrows. 

Horace Emery. 

Samuel S. Burdett... 

H. C. Lamb. 

Joseph R. Reed. 

Amos Steckel. 

Osceola. 

Monona. 

DeW itt. 

Dennison. 

Adel. 

Bloomfield. 

Decatur 

J. W. Ollrey. 

Delaware 



Des Moines. 

Dickinson. 

Dubuque. 

Emmett-. 

Fayette. 

William Harper. 

J. Ball. 

Dr. Timothy Mason.. 
Robert Ridley. 

Kossuth. 

Spirit Lake. 
Dubuque. 

Emmett City. 

Floyd.. ... 

Franklin. 

Rev. D. B. Mead 
Wm. N. Davidson... 

Rock Grove. 
Hampton. 





















































102 


NAMES OF COUNTY SUPERINTENDENTS. 


Fremont. 

Greene. 

Grundy. 

Guthrie. 

Hamilton. 

Hancock. 

Harrison. 

Hardin. 

Henry. 

Howard. 

Humboldt. 

Ida. 

Iowa. 

Jackson . 

J asper. 

Jefferson. 

Johnson. 

Jones. 

Keokuk. 

Kossuth. 

Lee. 

Linn. 

Louisa. 

Lucas. 

Madison. 

Mahaska. 

Marion. 

Marshall. 

Mills. 

Mitchell. 

Monona. 

Monroe. 

Montgomery........ 

Muscatine. 

O’Urien. 

Osceola. 

Page.. 

Palo Alto. 

Plymouth. 

Pocahontas. 

Polk.. 

Pottawattamie. 

Powesheik. 

Ringgold. 

Scott.. 

Sioux. 

Shelby. 

Story. 


Giles Cowles. 

George S. Walton.. 

H. J, Wilson. 

E. B. Fenn. 

E. H. Blair. 


Rev. H. D. King. .. . 

J. M. Comstock. 

E. W. Gray. 

Rev.Charles E. Brown 
Geo. W. Hanchett... 
D. T. Hawthorne.... 
C. S. Jennis. 


McKissic’s Grove. 
New Jefferson. 
Taylor Hill. 
Panora. 

Webster City. 


Albert Lulkin. 

Robert S. Hughes .. . 
Richard H. Sylvester 

B. F. Shaw. 

James Frey. 

J. R. Armstrong. 

John A. Nunn. 

Ira G. Fairbanks 

Robert N. Fee. 

John D. Sarver. 

Dr. Lewis Mayo.. .. 
J. M. Longhridge.. .. 

W. M. K. Cain. 

S. W. Griffin. 

Rev. D. 11. Petefish.. 

E. G. Rice. 

Hugh Lyile. 

Edward M. Bill. 

William T. Reed 
Charles Woodhouse.. 


Magnolia. 
Steamboat Rock. 
Mt. Pleasant. 
Yernon Springs. 
Dacotah. 

Ida. 

Millersburg. 


Newton. 

Fairfield. 

Iowa City. 

Anamosa. 

Sigourney. 

Irvington. 

Fort Madison. 

Marion. 

Grandview. 

Chariton. 

Winterset. 

Oskaloosa. 

Newbern. 

Marietta. 

Glen wood. 

St. Ansgar. 

Belvidere. 

Albia. 


J. L. Anderson 
Joseph V. Stafford. 


C. C. Dawson. 

J. B. Rue. 

Leonard F. Parker. 

A. G. Beall. 

Dr. T. J. Saunders. 


Samuel Dewell 
Ira H. Rees .. 


Muscatine. 


SioUX City, Woodbury Co. 


Des Moines. 
Council Bluffs. 
Grinnell. 
Mount Ayr. 
Davenport. 


Harlan. 

Nevada. 



































































NAMES OF COUNTY SUPERINTENDENTS. 


103 


Sac.. 

Tama . 

Taylor. 

Union. 

Yan Buren. 

Wapello. 

Warren.. 

Washington. 

Wayne. 

Webster. 

Winnesheik. 

Woodbury. 

Wright. 

Winnebago. 

Worth. 


G. F. Browning.Sac City. 

John Itamsdell.lEureka. 

James M. Stockton..!. 


M. II. Cooley.[Farmington. 

G. D. Hackworth... . jOttumwa. 

W. M. White.Ilndianola. 

Dr. Joseph McKee.. . Washington. 
George Wright i. .. . .,Clio. 

Albert Morrison.|Fort Dodge, 


Josiah Davidson.jGoldfield. 

Martin Baumgardner!. 

J. W. Jackson.{Bristol: 


OFFICIAL OATHS. 

School officers should appear before any one of the following 
officers, and take the oath of office prescribed in the present 
school law : 

Judge of the Supreme Court, Judge of the District Court,, 
County Judge, Clerk of the Supreme Court, Clerk of the Dis¬ 
trict Court, Justice of the Peace and Notary Public. Township 
Clerks and Trustees are authorized to administer oaths only in 
special cases. School district officers are not township officers. 
See sections 221, 227, 250, 259 and 979 of the Code ol 1851. 

















































































































